Fair Working Conditions for Platform Workers. Possible Regulatory Approaches at the EU Level.
(Januar 2018)Abstract
The study explores different possible regulatory approaches at the EU level to ensure fair working conditions in the platform economy. As platform work is often performed cross-border with at least one party residing in a country other than the other party, regulation at the EU level in the form of a di-rective (»Platform Work Directive«) is the most appropriate means to en-sure adequate protection of platform workers. Article 153 (2) (b) TFEU is the appropriate legal basis to set minimum standards for fair working condi-tions in the platform economy.
At the heart of such a »Platform Work Directive« should be a rebuttable legal assumption that the relevant underlying contractual relationship consti-tutes an employment contract between the platform worker and the plat-form. This regulatory measure would establish a connection to the employ-ment law of the country where the work is actually performed and would thereby facilitate application of national employment law in the realm of the platform economy.
A solution based on the introduction of an intermediary category such as the so-called »economically dependent worker« at the EU level is rejected. Im-plementation of such a proposal would lead to evasive strategies being adopted by employers, leaving those persons previously protected with less protection in the end. Instead, the author argues, those self-employed per-sons who are economically in a situation comparable to that of employees should also be considered to fall within the scope of protection afforded by the envisaged Platform Work Directive.