EU regulatory register · PLATFORM-WORK
Article 5Legal presumption
CELEX 32024L2831 · Read on 2026-08-22
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
1. The contractual relationship between a digital labour platform and a person performing platform work through that platform shall be legally presumed to be an employment relationship where facts indicating direction and control, in accordance with national law, collective agreements or practice in force in the Member States and with consideration to the case-law of the Court of Justice, are found. Where the digital labour platform seeks to rebut the legal presumption, it shall be for the digital labour platform to prove that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice.
2. For the purposes of paragraph 1, Member States shall establish an effective rebuttable legal presumption of an employment relationship that constitutes a procedural facilitation for the benefit of persons performing platform work. Moreover, Member States shall ensure that the legal presumption does not have the effect of increasing the burden of requirements on persons performing platform work or their representatives in proceedings to determine their correct employment status.
3. The legal presumption provided for in this Article shall apply in all relevant administrative or judicial proceedings where the determination of the correct employment status of person performing platform work is at issue.
The legal presumption shall not apply to proceedings which concern tax, criminal or social security matters. However, Member States may apply the legal presumption in such proceedings as a matter of national law.
4. Persons performing platform work and, in accordance with national law and practice, their representatives shall have the right to initiate the proceedings referred to in the first subparagraph of paragraph 3 to determine the correct employment status of the person performing platform work.
5. Where a national competent authority considers that a person performing platform work might be wrongly classified, it shall initiate appropriate actions or proceedings, in accordance with national law and practice, in order to determine the correct employment status of that person.
6. With regard to contractual relationships entered into before and ongoing on 2 December 2026, the legal presumption provided for in this Article shall apply only to the period starting from that date.
Judgments of the Court of Justice
6 decisions
- C-531/23Court of Justice of the European Union
HJ v US and MU
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Daily and weekly rest – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Articles 3, 5, 6, 16, 17, 19 and 22 – Requirement to establish a system enabling the duration of time worked by domestic workers to be measured – Derogation – National legislation exempting domestic workers from the obligation to record actual time worked.
- C-477/21Court of Justice of the European Union
IH v MÁV-START Vasúti Személyszállító Zrt
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Articles 3 and 5 – Daily rest and weekly rest – National legislation providing for a minimum weekly rest period of 42 hours – Obligation to grant daily rest – Rules for granting.
- C-344/19Court of Justice of the European Union
D. J. v Radiotelevizija Slovenija
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 2 – Concept of ‘working time’ – Stand-by time according to a stand-by system – Specific work maintaining television transmitters situated far away from residential areas – Directive 89/391/EEC – Articles 5 and 6 – Psychosocial risks – Obligation to prevent.
- C-580/19Court of Justice of the European Union
RJ v Stadt Offenbach am Main
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 2 – Concept of ‘working time’ – Period of stand-by time according to a stand-by system – Professional firefighters – Directive 89/391/EEC – Articles 5 and 6 – Psychosocial risks – Obligation to prevent.
- C-588/18Court of Justice of the European Union
Federación de Trabajadores Independientes de Comercio (Fetico) and Others v Grupo de Empresas DIA S.A. and Twins Alimentación S.A
Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Organisation of working time — Directive 2003/88/EC — Articles 5 and 7 — Weekly rest — Annual leave — Paid special leave permitting time off from work to meet specific needs and obligations.
- C-55/18Court of Justice of the European Union
Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE
Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Organisation of working time — Article 31(2) of the Charter of Fundamental Rights of the European Union — Directive 2003/88/EC — Articles 3 and 5 — Daily and weekly rest — Article 6 — Maximum weekly working time — Directive 89/391/EEC — Safety and health of workers at work — Requirement to set up a system enabling the duration of time worked each day by each worker to be measured.
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
Verifiable trust signals
- Six fixed blocks, one source per line
- No sentence written by a language model
- Engine version and read date on every answer
- No customer data, no documents, no advice
- Model card and audit published under the EU AI Act