On 14 October 2024, the Council of the European Union adopted the final text of a Directive on improving working conditions in platform work (Directive (EU) 2024/2831, hereinafter: the Platform Work Directive) setting the stage for transformative changes in how digital labour platforms operate. The EU Member States now have until 2 December 2026 to implement the provisions into their national legislation.

I. BACKGROUND ON PLATFORM WORK

Platform work is a form of employment in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems,​ or to provide specific services.​

Platform work has experienced an exponential growth especially during the COVID-19 pandemic. In 2022, more than 28 million people in the EU worked through a digital labour platform. By 2025, 43 million people in the EU are expected to work through a digital labour platform. In Belgium, 84 thousand people worked through a digital labour platform in 2023.

However, up until now there was no legal framework for platform workers at the European level. Several court cases in different Member States have shown the difficulties in adequately identifying the employment status of platform workers in certain types of platform work, in particular in sectors and/or in digital platforms where digital labour platforms exert a certain degree of direction and control. In 2023 in Belgium, for example, a labour tribunal ruled that platform workers (on a digital labour platform in the context of food delivery) must be considered as employees.

In order to improve the regulation of platform work, the EU has now adopted the Platform Work Directive. The purpose of this Platform Work Directive is twofold:

  1. to facilitate the identification of the correct employment status of platform workers; and

  2. to regularise the use of algorithmic systems on the digital labour platform.

Only the most important provisions of the Platform Work Directive from an employment law perspective, and thus not all provisions, are discussed below.

II. The Platform Work Directive

II. 1. Legal presumption

Presumption – The Platform Work Directive establishes a rebuttable legal presumption in situations where facts indicate direction and control in the relationship between a worker and a digital labour platform. In such cases, the relationship is presumed to be an employment relationship as defined by national laws, collective agreements, or established practices, taking into account the case law of the Court of Justice of the EU.

Purpose – The purpose of the legal presumption is to effectively address and correct the power imbalance between the persons performing platform work and the digital labour platform. The modalities of the legal presumption must be laid down by the Member States, provided that those modalities ensure the establishment of an effective rebuttable legal presumption of employment. This presumption must constitute a procedural facilitation for the benefit of persons performing platform work and may not impose additional requirements on these persons or their representatives during proceedings to determine their correct employment status.

Rebuttal – When the digital labour platform seeks to rebut the legal presumption, it must prove that their contractual relationship with the platform worker is not an employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case law of the Court of Justice of the EU.

Applicability – The legal presumption is applicable in all relevant administrative or judicial proceedings involving the determination of the correct employment status of the person performing platform work. The directive does not provide for an obligation to apply the same legal presumption in tax, criminal or social security proceedings, but Member States are free to extend its applicability to those proceedings on the basis of their national law.

The legal presumption has no retroactive effect and may therefore only apply from 2 December 2026. It also applies to contractual relationships entered into before that date but still ongoing on that date for the period of time as from 2 December 2026.

Existing Belgian presumption – Belgium has already introduced legislation for platform workers, which was partly based on the proposal of the European Commission (2021/0414) (hereinafter: the Proposal). In the so-called labour relationship act, the Belgian legislator has added an article that provides for a presumption regarding the nature of the employment relationship for digital labour platforms that give assignments (article 337/3 Programme Act of 27 December 2006). This article contains eight criteria according to which the legal presumption of an employment relationship must be established.

However, the Proposal was partially abandoned when the Platform Work Directive was introduced by amending the article regarding the legal presumption. Originally, the Proposal included five criteria by which the legal presumption had to be established. The current Platform Work Directive only refers to facts suggesting control and direction as criteria for establishing the legal presumption.

Consequently, having already introduced the aforementioned eight criteria, Belgium already has a legal rebuttable presumption for persons working through a digital labour platform that complies with the new legal rebuttable presumption of the Platform Work Directive.

II. 2. Algorithmic systems on the digital labour platform

Background – Digital labour platforms use automated monitoring systems and automated decision-making systems powered by algorithms that increasingly replace functions that managers usually perform in businesses, such as allocating tasks, pricing individual assignments, determining working schedules, giving instructions, evaluating the work performed, etc.

However, without regulation regarding these automated systems, this may lead to power imbalances and ambiguity regarding decision-making based on these systems. In addition, without regulation, these systems trigger risks regarding working conditions, occupational health and safety, equal treatment and the right to privacy.

Persons performing platform work subject to such algorithmic management often do not have access to information on how the algorithms work, which personal data are used or how the behaviour of those persons affects decisions taken by automated systems.

Based on the above, several safeguards were included in the Platform Work Directive.

Prohibitions – First of all, a prohibition is introduced on the use of automated monitoring systems and automated decision-making systems to process certain types of personal data of platform workers.

Among other things, it is prohibited to:

  • process personal data on the emotional or psychological state of a platform worker;

  • process any personal data in relation to private conversations of platform workers; and

  • collect any personal data of a platform worker while that person is not offering or performing platform work.

Information – In addition, platform workers, representatives of platform workers and, upon request, competent national authorities must be properly informed about the use of the automated monitoring systems and automated decision-making systems relating to, amongst others, recruitment, working conditions, remuneration and dismissal.

This must include providing clear information on the systems and the purpose and characteristics of these systems that directly affect platform workers.

Human monitoring and evaluation – Finally, automated monitoring systems and automated decision-making systems must ensure human supervision and evaluation.

Digital labour platforms are required to monitor and, with the input of employee representatives, to conduct at least every 2 years an evaluation of the impact of individual decisions made or supported by automated monitoring systems and automated decision-making systems on platform workers. These individual decisions may concern the working conditions of the platform worker and/or the equal treatment at work.

If this monitoring or evaluation shows that the use of automated monitoring systems and automated decision-making systems poses a high risk of discrimination at work or that the rights of platform workers are found to be violated, the digital labour platform must take the appropriate steps which can include the modification of the system or the discontinuation of its use.

In addition, any decision to restrict, suspend or terminate the contractual relationship or the account of a platform worker or any other decision of equivalent detriment, must be taken by a human being and can hence not be automated.

The persons entrusted with monitoring and evaluation by the digital labour platform must have the necessary competence, training and authority to perform that function, including the ability to change automated decisions.

In addition, platform workers have the right to receive oral or written explanations from the digital labour platform on the decisions taken or supported by the automated monitoring systems and automated decision-making systems.

II. 3. Protection of platform workers

Adverse actions and consequences – Finally, the Platform Work Directive provides that platform workers who exercise their rights included in that Directive are protected against adverse actions and from any adverse consequences resulting from a complaint lodged with the digital labour platform or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in the Platform Work Directive. Furthermore, the representatives of platform workers, too, are protected against adverse actions when exercising their rights included in the Platform Work Directive.

These rights include the enforcement of the presumption of an employment relationship, obtaining oral or written explanations for decisions taken by or supported by automated monitoring systems and automated decision-making systems, etc.

Examples of such adverse actions could in the context of platform work include, for example, reduction of assigned tasks, unfair ratings, algorithmic downgrading, pay reductions, etc.

Prohibition of dismissal – Furthermore, Member States must take the necessary measures to ensure that the dismissal or contract termination of platform workers, or any equivalent measure, and any preparations for it, on the grounds that they have made use of the rights set out in the Platform Work Directive, are prohibited.

Platform workers who consider that they have been dismissed, that their contract has been terminated or that they have been subject to any actions with equivalent effect, on the grounds that they have exercised their rights under the Platform Work Directive, may request the digital labour platform to provide duly substantiated grounds for the dismissal, the termination of the contract or any equivalent action. The digital labour platform must provide those grounds in writing without delay.

When platform workers establish, before a court or other competent authority or body, facts from which it may be presumed that there has been such a dismissal, termination of contract or equivalent action, the burden of proof shifts to the digital labour platform. The digital labour platform must prove that the dismissal, termination of contract or equivalent action was based on grounds other than the fact that the relevant platform worker made use of the rights set out in the Platform Work Directive.