Abstract
For some time now, the European Commission has stressed the need to address the ongoing misclassification of employment status in platform work and has thus considered introducing a rebuttable presumption of employment status or a reversal of the burden of proof. This contribution focuses on the benefits and limitations of introducing a rebuttable legal presumption in EU labour law as an evidentiary means to improve the working conditions of platform workers. In doing so, some general remarks on rebuttable legal presumptions will be made, while also offering some comparative legal insights, before exploring their potential benefits and limitations in the context of EU labour law in general and platform work in particular. This contribution will finish with an analysis of how such a presumption could be integrated in the current EU social acquis.
| Original language | English |
|---|---|
| Pages (from-to) | 66-80 |
| Number of pages | 15 |
| Journal | European Labour Law Journal |
| Volume | 13 |
| Issue number | 1 |
| Early online date | 6 Dec 2021 |
| DOIs | |
| Publication status | Published - 1 Mar 2022 |