Proposal for a directive on platform workers: enforcement mechanisms and the potential of the (Italian) certification procedure for self-employment

Abstract

In the frame of the draft directive enforcement measures, the essay investigates the advisability of adopting the certification procedure for employment contracts in order to ensure the correct use of genuine self-employment in the digital platform economy. This is a hypothesis evaluated (and discarded) by the European Commission during the consultations for the adoption of the proposal for a directive on platform work.
Starting from the implementation criticalities related to the legal presumption and the indices of subordination (Chapter II, proposal for a directive) in national legal systems, the centrality of enforcement mechanisms for verifying the correct contractual qualification is highlighted. However, in addition to the “ex post” enforcement tools, it may be necessary to build “ex ante” verification systems, with a deflationary nature, to be activated at the time of signing the employment contract, especially in the area of self-employment. These considerations are advanced by taking as an example the Italian model of the “Certification Commissions”, in which the European Commission had shown interest.