Moving past the uncertain classification of platform workers

Abstract

Workers under gig-economy arrangements have sharply increased in number over the last few years. However, they still struggle to achieve the rights and entitlements typically accorded by national labor laws to employees. The crux of disputes involving platform workers raised around the world — over 100 in the EU alone — evolved around their classification. Obviously, the aim of the litigation of gig workers was to open the main door leading to employment and social security rights, i.e. to obtain “worker” status. The outcome of the disputes has been rather mixed, even though there has been a clear stabilization. Many lawsuits have so far been promoted across to challenge the “independent contractor” status accorded to platforms to gig-workers, with mixed success. These decisions show that the traditional employment tests do not completely understand this new model of work, so maintaining a high degree of legal uncertainty around platform workers. Some possible solutions to get past this situation are on the table, ranging from a new legislative definition of “employment” to the creation of new intermediate categories of “dependent contractors.” However, the best way to address the problem is by working out a different distribution of employment protections between “employee” and self-employed workers.