The Ministry of Family, Labour and Social Policy has presented a draft bill implementing the European Union Directive on Platform Work. The draft introduces a presumption of an employment contract for individuals working for platforms—including delivery platforms.
The Ministry of Labour’s draft outlines the following procedure:
Step 1: A worker seeking recognition as a full-fledged employee under an employment contract submits an application to the National Labour Inspectorate (PIP).
Step 2: The PIP formally verifies the application and, if necessary, requests that it be supplemented.
Step 3: The PIP initiates proceedings, simultaneously notifying the parties involved (the platform, the fleet partner, and the interested individual).
Step 4: Upon completion of the proceedings, the PIP issues a decision establishing the existence of an employment relationship or discontinues the proceedings.
Step 5: If the decision is favorable [to the worker], the platform may appeal to the court, initiating judicial proceedings. Simultaneously, the PIP may file a lawsuit to establish the existence of an employment relationship for the period prior to the application date.
Step 6: The court hears the case and issues a judgment.
In our view, while this procedure is intended to be pro-worker, in reality, it will change nothing. Here are our arguments:
1. Individualization of proceedings. The government is once again shifting the burden of the entire procedure onto individuals. The Directive does not operate systemically; instead, it creates a mechanism that each person must navigate individually.
2. The nightmare of protracted procedures. Individuals working as delivery workers typically work for only about one or two months, earning a few thousand zlotys (often less than the minimum wage). Would anyone in such a situation want to initiate such a lengthy procedure? Especially since the platforms could deliberately prolong it (by exploiting and complicating court proceedings).
3. Uncertainty regarding the employer. The draft bill is silent on this matter. If the National Labour Inspectorate (PIP) establishes the existence of an employment relationship, with which party does the worker sign the employment contract? With the platform or with the fleet partner? After all, until then, they held a contract (e.g., a mandate contract) with the partner.
4. Level of understanding within the courts. Currently, many state administrative bodies (including the PIP) publicly admit to having scant knowledge regarding the specifics of platform work and algorithmic management. Even trade unions operating in Poland (with few exceptions) show no interest in the subject and openly admit as much. Consequently, we are fairly certain that the level of substantive knowledge among labor court judges is equally low. It will therefore be easy for platforms to manipulate the facts so that courts rule in their favor.
5. The procedure fails to prevent exploitation. Individuals who, due to their life circumstances, are unable to contact the PIP (e.g., due to a lack of Polish language proficiency) will fall entirely outside the scope of the procedure defined in the bill. These are thousands of people whom this procedure leaves to fend for themselves. And yet, they are precisely the easiest targets for exploitation by platforms.
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The article above is part of our “Directive Implementation” series. If you have any comments or insights of your own, or hold a different point of view, we invite you to join the discussion.
And one more thing:
There are 2 months and 4 days left until the implementation of the Platform Work Directive.