DIGITAL PLATFORM WORK: NEW PRESUMPTION OF EMPLOYMENT
The legislative decree transposing Directive (EU) 2024/2831, addresses the classification of employment relationships carried out via digital platforms, introducing a relative presumption of subordination.
Pursuant to Article 5, the relationship between a digital labour platform and a person performing work through that platform is presumed to be an employment relationship where, in light of the specific arrangements for the performance and organisation of the work, there are indications of the exercise of powers of direction and control, unless there is evidence to the contrary. The use of automated monitoring and decision-making systems may also be relevant for this purpose.
Among the factors indicative of direction and control, the decree refers to the organisation of work by the platform and the worker’s subjection to specific instructions and directives concerning the content of the work, the methods of performance and the timescales for carrying it out.
This new development is of particular significance in terms of the burden of proof. Once the facts establishing the applicability of the presumption have been ascertained, the burden of proof to the contrary will lie with the platform.
The correct classification of the employment relationship may be determined in judicial or administrative proceedings, as well as certified by the Commissions referred to in Articles 75 et seq. of Legislative Decree No. 276/2003.
