New EU Platform Worker Directive
The EU recently confirmed their intentions to move forward with their Platform Worker Directive.
Reach Talent's take: This will add another layer of complexity to hiring through "platforms" (i.e Upwork, Fiverr, etc.) You as the end user now have liability to ensure workers hired through these platforms are probably classified.
Ideally you want the 3rd party that's in-between indemnifying you from misclassification. Almost no platforms currently do this and few have plans to start. An alternative (which Reach Talent does provide for it's clients) is a vetting process when hiring contractors, temps or freelancers to ensure they are classified according to the country/state/federal laws and we assume the risk.
This directive impacts the EU based workers operating within digital labor platforms. While the final legislation will need to be adopted into each country's own legislation the core aspects to consider are:
EU Member states will establish a legal presumption of employment when facts indicating direction and control are found.
The determination of direction and control will be based on local legislative considerations.
Persons working in the digital platform, their representatives or national authorities may invoke this legal presumption, therefore claiming employment classification.
It is up to the digital platform to prove there is no employment legislation.
This confirmation of intent, and the change in emphasis of the burden of proof from proving employment to disproving employment, follows a wider global trend in authorities placing the emphasis on end clients or facilitators of labour solutions.
New EU Platform Worker Directive
The EU recently confirmed their intentions to move forward with their Platform Worker Directive.
Reach Talent's take: This will add another layer of complexity to hiring through "platforms" (i.e Upwork, Fiverr, etc.) You as the end user now have liability to ensure workers hired through these platforms are probably classified.
Ideally you want the 3rd party that's in-between indemnifying you from misclassification. Almost no platforms currently do this and few have plans to start. An alternative (which Reach Talent does provide for it's clients) is a vetting process when hiring contractors, temps or freelancers to ensure they are classified according to the country/state/federal laws and we assume the risk.
This directive impacts the EU based workers operating within digital labor platforms. While the final legislation will need to be adopted into each country's own legislation the core aspects to consider are:
EU Member states will establish a legal presumption of employment when facts indicating direction and control are found.
The determination of direction and control will be based on local legislative considerations.
Persons working in the digital platform, their representatives or national authorities may invoke this legal presumption, therefore claiming employment classification.
It is up to the digital platform to prove there is no employment legislation.
This confirmation of intent, and the change in emphasis of the burden of proof from proving employment to disproving employment, follows a wider global trend in authorities placing the emphasis on end clients or facilitators of labour solutions.
New EU Platform Worker Directive
The EU recently confirmed their intentions to move forward with their Platform Worker Directive.
Reach Talent's take: This will add another layer of complexity to hiring through "platforms" (i.e Upwork, Fiverr, etc.) You as the end user now have liability to ensure workers hired through these platforms are probably classified.
Ideally you want the 3rd party that's in-between indemnifying you from misclassification. Almost no platforms currently do this and few have plans to start. An alternative (which Reach Talent does provide for it's clients) is a vetting process when hiring contractors, temps or freelancers to ensure they are classified according to the country/state/federal laws and we assume the risk.
This directive impacts the EU based workers operating within digital labor platforms. While the final legislation will need to be adopted into each country's own legislation the core aspects to consider are:
EU Member states will establish a legal presumption of employment when facts indicating direction and control are found.
The determination of direction and control will be based on local legislative considerations.
Persons working in the digital platform, their representatives or national authorities may invoke this legal presumption, therefore claiming employment classification.
It is up to the digital platform to prove there is no employment legislation.
This confirmation of intent, and the change in emphasis of the burden of proof from proving employment to disproving employment, follows a wider global trend in authorities placing the emphasis on end clients or facilitators of labour solutions.