A Prospective Analysis of the Transposition of the EU Directive on Platform Work

Directive 2024/2831 on improving working conditions in platform work marks a significant milestone in the regulation of platform economy by introducing a rebuttable presumption of employment. Although its adoption represents a political compromise between uniformity and national discretion, its effectiveness depends on how it will be transposed into national legislation by December 2026. This article provides a prospective analysis of the challenges involved in implementing the presumption of employment within diverse national legal frameworks.

Drawing on secondary sources and interviews, the study identifies two core uncertainties: the regulation of intermediaries in subcontracting chains, and the procedural design for invoking the presumption-including whether judicial or administrative mechanisms are sufficient. An analysis of four national contexts (Germany, France, Spain and Belgium) reveals heterogeneous starting points and persistent obstacles, such as rapid corporate restructuring, subcontracting practices and litigation strategies that undermine enforcement. Even in countries with existing presumptions, such as Spain and Belgium, compliance remains elusive.

This suggests that legal presumptions alone are insufficient without robust administrative pathways and proactive enforcement. Unless Member States adopt ambitious transposition strategies, strengthen labour inspectorates, and clarify joint liability in subcontracting chains, the Directive's minimum harmonisation approach risks generating inconsistent classifications and prolonged disputes.