Some remarks to the legal status of platform workers in the light of the latest European jurisprudence

Abstract

The COVID-19 pandemic has had a negative impact on the working conditions of so-called platform workers that have faced the lack of labour and social protection deriving from their formal status of independent contractors. Seeking for protection, numerous claims have been filed by the riders and drivers of digital platforms that were asking for a recognition of the subordinate work. The aim of the present article is to give a critical and brief overview of the latest European jurisprudence regarding the legal status of platform workers. The article focuses on the methodology and criteria applied by the judges in order to examine the particularities of the new forms of work and new forms of surveillance as well. Special attention is paid to on-location work performance by low-skilled individuals conducting services for the digital platforms operating in food delivery and transportation sectors.