New rules from the EU on platform work

The EU has adopted new rules on platform work. We have previously written about the work on the rules here. Among other things, the new rules describe what defines a digital labour platform and require that the platform:

• Provides a service through, for example, a website or app
• Provides the service at the request of the person receiving the service
• Is used to organize work done by persons for payment
• Uses automated monitoring and decision-making systems

EU member states have two years to decide how to implement the rules.

New "presumption rule”

The new rules include a presumption rule that those performing platform work are employees and not self-employed. The platform can challenge the presumption by proving that the person is actually self-employed and that there is no employment relationship.

Platform workers will also be protected from automated monitoring and algorithmic management. This means, for example, that decisions to restrict or terminate a person performing platform work should be made by a person, and not an algorithmic system.

IUNO’s opinion

EU member states still have until 2026 to implement the new rules. Across the Nordics, investigations and discussions are currently underway on how the directive should be implemented.

The official investigation in Sweden will publish its conclusions no later than 31 December 2025. There are no concrete dates for implementing the directive in Denmark yet. The Norwegian Ministry of Labour and Social Inclusion is evaluating if the directive should be implemented in Norway due to the EEA agreement.

IUNO recommends that companies investigate whether they offer work on digital work platforms under the new rules. If this is the case, the default is that those performing the work are employees, unless the company proves otherwise.

[The European Parliament and the Council's Directive on improving working conditions in platform work of 23 October 2024]