Case Law on the Classification of Platform Workers: Cross-European Comparative Analysis and Tentative Conclusions

Forthcoming, Comparative Labour Law & Policy Journal

91 Pages Posted: 7 May 2021 Last revised: 26 Mar 2024

Date Written: March 12, 2024

Abstract

This report is based on the comprehensive analysis of more than 800 judgments and administrative decisions on the classification of platform workers in the eighteen European countries where such decisions have been issued so far (up to and including February 2024). The analysis includes all cases in which an employment relationship was claimed either with a company operating a digital platform or with a company using a platform to source its workforce. It develops a a typology of the criteria and rationales used by the courts across countries and assesses the emergence of dominant patterns, as well as their significance in the light of recent changes in the work organisation of several platforms.

Keywords: labour law, Europe, platform work, employment law, worker status, employee status, self-employment, comparative law

Suggested Citation

Hießl, Christina, Case Law on the Classification of Platform Workers: Cross-European Comparative Analysis and Tentative Conclusions (March 12, 2024). Forthcoming, Comparative Labour Law & Policy Journal , Available at SSRN: https://ssrn.com/abstract=3839603 or http://dx.doi.org/10.2139/ssrn.3839603

Christina Hießl (Contact Author)

KU Leuven ( email )

Leuven
Belgium
+32 (0) 16 32 78 60 (Phone)

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