European Union: Reached Council and Parliament agreement on Directive on improving working conditions in platform work including regulation of employment status

On 13 December 2023, the European Parliament and the Council of the European Union reached a provisional agreement on the Directive on improving working conditions in platform work, including regulation of employment status. Under the reached agreement, the relationship between a digital labour platform and a person offering services via the platform will be presumed to be an employment relationship if 2 criteria are met from 5. The criteria include the imposition of limits on the amount of money that can be received, supervision of performance, supervision of task distribution or assignment, authority regarding working conditions and limitations on working hours selection, and limitations on worker autonomy to structure their work and regulations regarding their appearance or behaviour. In cases where the presumption of employment applies it would be the responsibility of the digital platform to demonstrate the contrary. Furthermore, the presumption can be triggered by the authorities’s initiative, worker or their representative. The reached agreement now will be legally revised and will go to the Parliament and Council for formal adoption.