Platform Work DirectiveEU 2024/2831
Digiphile

Recitals

Recital 7


Recital 7

Persistent Misclassification and Reclassification by Courts in Member States Unofficial title


Court cases in several Member States have shown the persistence of the misclassification of the employment status in certain types of platform work, in particular in sectors where digital labour platforms exert a certain degree of direction and control. While digital labour platforms frequently classify persons working through them as self-employed or ‘independent contractors’, many courts have found that the platforms exercise de facto direction and control over those persons, often integrating them into their main business activities. Those courts have therefore reclassified purportedly self-employed persons as workers employed by the platforms.