Christina Hießl (Goethe University of Frankfurt) has posted The Classification of Platform Workers in Case Law: A Cross-European Comparative Analysis (Comparative Labor Law & Policy Journal, Volume 42.2, Forthcoming 2022) on SSRN. Here is the abstract:
This contribution aims to give a comprehensive overview of this case law as of September 2021. It is based on the analysis of 173 judgments and administrative decisions in the fourteen European countries where platforms have so far been subject to such decisions: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, the Netherlands, Norway, Spain, Sweden, Switzerland, and the UK. It develops a typology of the reasoning and rationales used by the courts across countries, assesses the emergence of dominant patterns, sums up core trends and offers some considerations on their significance in the light of recent changes in the work organisation of several platforms. It concludes with some remarks on the way forward in adapting tests of employee status to the realities of the platform economy.
