The Dutch ministry of social affairs and employment has developed a draft proposal for the transposition of the Platform Work Directive which would see five criteria for the legal presumption of employment, with two needed to trigger the presumption. The five criteria are as follows:
- Digital labour platform sets or has influence over remuneration
- Digital labour platform sets or has influence over allocation of tasks
- Digital labour platform monitors and evaluates work performance or quality
- Digital labour platform limits the freedom to accept or decline tasks, including by imposing sanctions
- Digital labour platform obliges person performing platform work to adhere to specific binding rules regarding presentation/clothing, behaviour towards clients or performance of work
The proposal also requires that a person performing platform work who is hired by an intermediary can also access the legal presumption.
The proposal is yet to go before the Parliament, and so could still be subject to change.