Recital 36

Such measures should support the ascertainment of the existence of an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, including, if appropriate, the confirmation of a classification of a person performing platform work as genuinely self-employed. To enable those authorities to carry out their tasks in enforcing the provisions of this Directive, with particular regard to the competence of Member States to decide on the staffing of national authorities, they need to be adequately staffed. This requires national competent authorities to be provided with adequate human resources that have the required skills and access to appropriate training, and with the availability of technical expertise in the field of algorithmic management. ILO Labour Inspection Convention No 81 (1947) provides indications on how to determine a sufficient number of labour inspectors for the effective discharge of their duties. A decision of a national competent authority resulting in a change of the employment status of a person performing platform work should be taken into account by national competent authorities when deciding on controls and inspections that they intend to carry out.