A1 Vertaisarvioitu alkuperäisartikkeli tieteellisessä lehdessä
Towards a European Employment Status: The EU Proposal for a Directive on Improving Working Conditions in Platform Work
Tekijät: Rosin Annika
Kustantaja: Oxford University Press
Julkaisuvuosi: 2022
Journal: Industrial Law Journal
Vuosikerta: 51
Numero: 2
Aloitussivu: 478
Lopetussivu: 493
eISSN: 1464-3669
DOI: https://doi.org/10.1093/indlaw/dwac011
Verkko-osoite: https://academic.oup.com/ilj/article/51/2/478/6595210
On 9th December 2021, the European Commission proposed a Directive on improving working conditions in platform work (the Proposal). Among other elements, the Directive includes measures to ensure the correct determination of the employment status of platform workers. The personal scope of national labour laws has historically been determined by the Member States. The proposed Directive would take a bold step by giving the Member States specific instructions in this regard. The Proposal sets out a complicated model for determining employment status. First, it sets out a hybrid model, which combines the determination of employment status according to national law with an obligation to take into account criteria developed by the Court of Justice of the EU (CJEU). Second, it introduces a rebuttable legal presumption of an employment relationship if two out of five criteria of control can be detected. Certain of the five criteria are easier to demonstrate than others because of the informational imbalance between the worker and the platform that is generated primarily by the use of algorithmic management. As such, the Directive facilitates the determination of employment status, but it does not fully eliminate the problems connected with the employment status of platform workers.