What EU Platform Work Directive (EU) 2024/2831 - Article 5: Rebuttable Presumption of Employment Relationship for Platform Workers requires
Article 5 of the EU Platform Work Directive (2024/2831) establishes a rebuttable presumption of an employment relationship between a digital labour platform and a person performing platform work, when the facts indicating control and direction are met. Member states must ensure that the legal presumption applies when a platform meets at least two out of five control indicators: (1) effectively determining the level of remuneration or setting upper limits; (2) requiring the person to comply with specific binding rules on appearance, conduct, or performance; (3) supervising performance or verifying quality including by electronic means; (4) effectively restricting freedom to organise work including as to time or location; (5) effectively restricting the ability to build a client base or work for third parties. When the presumption applies, the burden of proof shifts to the platform to demonstrate the relationship is not employment. The presumption is activated in legal and administrative proceedings related to the classification of platform workers. Member state transposition deadline is 2 December 2026.
Pillar: Workplace · Authority: European Parliament and the Council of the European Union · Version: 2.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32024L2831
SHA-256 integrity: 7a431b0920ef8a26594737d4afcff8f3e2a1d685bb404da49dcfebe61891bf21
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- {"title":"EU Platform Work Directive (EU) 2024/2831 - Article 5: Rebuttable Presumption of Employment","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32024L2831","section":"Article 5"}
- {"title":"EU Platform Work Directive (EU) 2024/2831 - Article 8: Rebuttal of the Presumption","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32024L2831","section":"Article 8"}
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