Presuming the Impossible? The legal significance of the employment presumption for platform workers despite the lack of uniformity in the definition of worker in the EU
(2026) JAEM01 20261Department of Law
Faculty of Law
- Abstract
- This thesis examines whether the legal presumption of employment introduced in Directive (EU) 2024/2831 on improving working conditions in platform work will be of legal significance in countering the misclassification of
people performing platform work in the European Union.
The thesis first analyses the EU concept of worker and shows that the notion
of worker is not uniform within the EU. It then examines the difficulties of
applying traditional classification criteria, especially subordination, to platform work, while giving an overview of the current state of EU law on the
classification of people performing platform work. In doing so, it demonstrates that neither EU legislation nor the case law of the Court of Justice has
yet... (More) - This thesis examines whether the legal presumption of employment introduced in Directive (EU) 2024/2831 on improving working conditions in platform work will be of legal significance in countering the misclassification of
people performing platform work in the European Union.
The thesis first analyses the EU concept of worker and shows that the notion
of worker is not uniform within the EU. It then examines the difficulties of
applying traditional classification criteria, especially subordination, to platform work, while giving an overview of the current state of EU law on the
classification of people performing platform work. In doing so, it demonstrates that neither EU legislation nor the case law of the Court of Justice has
yet sufficiently clarified how people performing platform work should be
classified. The thesis then analyses the Platform Work Directive, its hybrid
notion of platform worker, and the legal presumption of employment in Article 5(1).
The presumption may improve legal certainty and facilitate reclassification,
but it does not fully harmonise the concept of platform worker or resolve all
classification problems. By comparing the presumption in the Platform Work
Directive with already existing presumptions in Belgium, Portugal, Spain and
California, the thesis argues that its legal significance will depend heavily on
how Member States transpose it into national law. Its practical effect will
therefore depend on whether Member States create an effective framework
around it. Such a framework should include the possibility for public authorities to apply the presumption and, where appropriate, to assess groups of
workers rather than relying solely on individual litigation. The criminalisation
of bogus self-employment may also strengthen the effectiveness of the presumption.
Methodologically, the thesis applies a doctrinal legal approach. It analyses
the legal rules governing the status of people performing platform work under
EU law and compares the Platform Work Directive with already existing employment presumptions in order to assess its possible legal effects.
The thesis concludes that the legal presumption of employment in the Platform Work Directive is a good starting point against misclassification, but not
a complete solution. To have real legal significance, Member States must
transpose it effectively into national law and establish a functional framework
around it. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/student-papers/record/9232353
- author
- Bieber, Konrad Viktor LU
- supervisor
- organization
- course
- JAEM01 20261
- year
- 2026
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- EU Labour Law, EU Law, Platform Work, Platform Work Directive, Employment Presumption
- language
- English
- id
- 9232353
- date added to LUP
- 2026-09-01 11:49:25
- date last changed
- 2026-09-01 11:49:59
@misc{9232353,
abstract = {{This thesis examines whether the legal presumption of employment introduced in Directive (EU) 2024/2831 on improving working conditions in platform work will be of legal significance in countering the misclassification of
people performing platform work in the European Union.
The thesis first analyses the EU concept of worker and shows that the notion
of worker is not uniform within the EU. It then examines the difficulties of
applying traditional classification criteria, especially subordination, to platform work, while giving an overview of the current state of EU law on the
classification of people performing platform work. In doing so, it demonstrates that neither EU legislation nor the case law of the Court of Justice has
yet sufficiently clarified how people performing platform work should be
classified. The thesis then analyses the Platform Work Directive, its hybrid
notion of platform worker, and the legal presumption of employment in Article 5(1).
The presumption may improve legal certainty and facilitate reclassification,
but it does not fully harmonise the concept of platform worker or resolve all
classification problems. By comparing the presumption in the Platform Work
Directive with already existing presumptions in Belgium, Portugal, Spain and
California, the thesis argues that its legal significance will depend heavily on
how Member States transpose it into national law. Its practical effect will
therefore depend on whether Member States create an effective framework
around it. Such a framework should include the possibility for public authorities to apply the presumption and, where appropriate, to assess groups of
workers rather than relying solely on individual litigation. The criminalisation
of bogus self-employment may also strengthen the effectiveness of the presumption.
Methodologically, the thesis applies a doctrinal legal approach. It analyses
the legal rules governing the status of people performing platform work under
EU law and compares the Platform Work Directive with already existing employment presumptions in order to assess its possible legal effects.
The thesis concludes that the legal presumption of employment in the Platform Work Directive is a good starting point against misclassification, but not
a complete solution. To have real legal significance, Member States must
transpose it effectively into national law and establish a functional framework
around it.}},
author = {{Bieber, Konrad Viktor}},
language = {{eng}},
note = {{Student Paper}},
title = {{Presuming the Impossible? The legal significance of the employment presumption for platform workers despite the lack of uniformity in the definition of worker in the EU}},
year = {{2026}},
}