The Chamber wants clearer conditions for establishing an employment relationship in platform work

The Chamber considers it positive that the Ministry of Economic Affairs and Communications has followed the principle of minimum transposition of the EU directive when drafting the Platform Work Act, but it still submitted additional proposals to ensure that the draft legislation is more closely aligned with the directive.

The Platform Work Act regulates work carried out through digital labour platforms. At present, many workers operate under the platform’s management and control, but are contractually defined as self-employed service providers and therefore do not enjoy employment-related rights such as paid leave and sick pay. The Act makes it easier to determine the existence of an employment relationship and requires platforms to explain how their algorithms work and what decisions they make.

The wording on determining an employment relationship needs to be clarified
The Chamber finds that the current wording of the draft can be interpreted as meaning that the use of automated monitoring and decision-making systems in itself constitutes management and control. However, under the directive, automated systems must be assessed as one factor within the broader context of how platform work is organised. The Chamber proposed clarifying the wording so that the determination of an employment relationship would be based on the overall extent of management and control, rather than on individual technical tools.

The presumption of an employment relationship must take into account the condition of management and control
The draft presumes an employment relationship in platform work if a person performs work for remuneration. This is not linked to management and control. The Chamber noted that the directive makes the existence of management and control a precondition for the presumption of an employment relationship and asked for this to be clarified in the draft.

A data protection impact assessment should not be mandatory
According to the draft, the platform is always required to seek the views of platform workers’ representatives when preparing a data protection impact assessment. The Chamber believes that this goes beyond the directive and that involving representatives is not necessary in every case. Therefore, the Chamber proposed that seeking such views should be required only when necessary, not in every situation.

Occupational health requirements must take account of the specific nature of platform work
The draft requires the platform to fully comply with occupational health and safety requirements. The Chamber believes that this is a stricter obligation than provided for in the directive, since many occupational health requirements presume the employer’s physical presence or control over the working environment. This is not possible in the case of platform work, as the work is performed outside the platform’s direct supervision. The Chamber proposed clarifying the draft so that the platform would apply occupational health requirements to the extent possible, taking into account the nature of platform work.

According to the draft, the planned amendments will enter into force on 2 December 2026.