Case Law on the Classification of Platform Workers: Cross-European Comparative Analysis and Tentative Conclusions
Forthcoming, Comparative Labour Law & Policy Journal
75 Pages Posted: 7 May 2021 Last revised: 23 Jan 2023
Date Written: September 5, 2022
This report is based on the comprehensive analysis of more than 320 judgments and administrative decisions on the classification of platform workers in the sixteen European countries where such decisions have been issued so far (up to and including August 2022). 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
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