Recital 30

Direction and control can take different forms in concrete cases, considering that the platform economy model is constantly evolving. For instance, the digital labour platform might exert direction and control not only by direct means, but also by applying punitive measures or other forms of adverse treatment or pressure. In the context of platform work, it is often difficult for the persons performing platform work to have appropriate access to the tools and information required to assert before a competent authority the actual nature of their contractual relationship and the rights derived therefrom. In addition, the management of persons performing platform work through automated monitoring systems or automated decision-making systems is characterised by a lack of transparency on the part of the digital labour platform. Those features of platform work perpetuate the phenomenon of misclassification as false self-employment, thus hindering the determination of the correct employment status of persons performing platform work and the access to decent living and working conditions by platform workers. Member States should therefore lay down measures providing for effective procedural facilitation for persons performing platform work when determining their correct employment status. In that context, a legal presumption of an employment relationship in favour of persons performing platform work is an effective instrument which greatly contributes to the improvement of living and working conditions of platform workers. Therefore, a contractual relationship should be legally presumed to be 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, where facts indicating direction and control are found.