Recital 27

The principle of primacy of facts, meaning that the ascertainment of the existence of an employment relationship should be guided primarily by the facts relating to the actual performance of work, including the remuneration for the work, and not by the parties’ description of the relationship, in accordance with the ILO Employment Relationship Recommendation No 198 (2006), is particularly relevant in the case of platform work where contractual conditions are often unilaterally determined by one party.