Recital 31

An effective legal presumption requires that national law effectively make it easy for the persons performing platform work to benefit from the presumption. The requirements under the legal presumption should not be burdensome and should ease the difficulties of persons performing platform work in providing evidence indicating the existence of an employment relationship in a situation in which there is a power imbalance vis-à-vis the digital labour platform. The purpose of the legal presumption is to effectively address and correct the power imbalance between the persons performing platform work and the digital labour platform. The modalities of the legal presumption should be laid down by the Member States, provided that those modalities ensure the establishment of an effective rebuttable legal presumption of employment that constitutes a procedural facilitation for the benefit of persons performing platform work, and that they do not have the effect of increasing the burden of requirements on persons performing platform work or their representatives in proceedings to determine the correct employment status of such persons. The application of the legal presumption should not automatically lead to the reclassification of persons performing platform work. Where the digital labour platform seeks to rebut the legal presumption, it should be for the digital labour platform to prove that the contractual relationship in question is not 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.