The legal status of platform workers: regulatory approaches and prospects of a European solution

Abstract

The categorisation of platform workers as employees, self-employed or a tertium genus is arguably the single most decisive element determining their legal position across countries. The contribution provides an insight into the status quo in European jurisdictions, based on a comprehensive review of national case law on the classification of various types of platform workers. On this basis, it offers some considerations on the viability of an approach as proposed by the European Commission (which focuses on a legal presumption of employee status) as well as the more general question of realistic legislative strategies to ensure platform workers the protection they need.