Every second, thousands of people order food, delivery or grocery products through the e-delivery services which ensure contactless online shopping and delivery to the indicated address.
The catering market and websites such as Pyszne.pl or Ubereats are some examples of companies that employ employees on a platform basis.

What is a platform work?

The idea of ​​platform work is relatively simple, it is assumed that it occurs in a situation where companies or individuals, in order to establish business contacts with other organizations or people, use various online platforms for communication. The above-mentioned contact might concern various areas: offering products, solving problems and even providing services with remuneration included.

Research conducted by the European Union shows that approximately 28 million people worked via such platforms in 2024, and this number can only increase in future years. These people provide mainly transport services, but also care, tutoring and translation services.

Platform Directive

In response to disturbing signals regarding abuses against employees employed on online platforms, in the fall of 2024 the Council of the European Union decided on a directive ensuring greater protection. The two main goals of the European Union are to improve the process of determining the proper employment status of workers and to legislate for algorithmic systems
in the workplace. The above-mentioned assumptions would be international in nature and apply to all European Union member states.

Most people working as suppliers on online platforms operate as individuals with registered sole proprietorships. The problem arises when it turns out that despite other employment conditions, they are treated as employees who are bound by a classic employment contract, including the rules and restrictions resulting from this. According to the European Union, the work of these people should be interpreted as full-time employment in terms of the laws of the Member States. This would involve, among other things, granting access to health services.

The second pillar of the directive is protection against algorithmic decisions, where the Union envisages issuing appropriate regulations regarding algorithms used on internet platforms in
the sphere of managing employed personnel. Experts believe that such important decisions related to remuneration, suspension or even dismissal should not be made by an algorithm. Instead,
it is planned to appoint appropriate people to monitor the entire process in order to avoid discriminatory and often erroneous decisions made by a computer.

An important change, which is to come into force in January 2025, is also the prevention of platforms from processing some personal data of employed employees. This group will include, among others: mental health data, biometric data, racial origin, migration status and private conversations of employees.

What effects will the directive have on employers?

Greater privileges and protection for employees is not the only change brought by the new platform directive, other aspects will also change for employers. Firstly, the costs associated with performing work will increase, which may result in an increase in the costs of a given service or product offered by the company. In order to save the budget, there is a risk of cutting previously applicable benefits. Another aspect is related to the risk of losing some employees who were previously interested in the flexibility offered by platform work and who are now forced to work under an employment contract. This may result not only in staff shortages but also in a reduction in the intensity of a given company’s work on the market.

The question that may arise, taking into account the European Union directive, is what answer Poland will give. It is possible that it will be necessary to introduce changes to the Labor Code, which could result in the application of a legal presumption of an employment relationship.