Recital 25

To combat false self-employment in platform work and to facilitate the determination of the correct employment status of persons performing platform work, Member States should have appropriate procedures in place to prevent and address the misclassification of the employment status of persons performing platform work. The aim of those procedures should be to ascertain the existence of an employment relationship as defined by national law, collective agreements or practice, with consideration to the case-law of the Court of Justice, and thereby to ensure that platform workers fully enjoy the same employment rights as other workers in accordance with relevant Union law, national law and collective agreements. When the existence of an employment relationship is established on the basis of the facts, the party or parties responsible for the execution of the obligations of the employer should be clearly identified and should comply with the corresponding employers’ obligations under Union law, national law and collective agreements applicable in the sector of activity.