The implementation of the EU Platform Work Directive proposed by the Ministry of Family, Labour and Social Policy is notably restrictive regarding individuals working for platforms as sole traders.
Under the draft legislation intended to implement the Directive, sole traders will be excluded from many of the rights granted to individuals working under civil law contracts (e.g., mandate contracts) or standard employment contracts.
The most significant gap is the lack of a right to algorithmic transparency or to explanations and justifications for decisions made by the algorithm. Furthermore, sole traders will not be able to claim compensation if the algorithm’s actions clearly disadvantage them.
However, they will be able to initiate the procedure to establish a presumption of an employment relationship. During this process, they will be legally protected against retaliatory actions by the platform.
That said, it is difficult to imagine how one could prove to a platform that a sudden drop in received assignments is an act of retaliation rather than a mere coincidence.
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This article is part of our “Implementing the Directive” series. If you have your own comments and insights, or a different point of view, we invite you to join the discussion. And besides that:
There are 2 months and 2 days left to implement the Platform Work Directive.