The Ministry of Economic Affairs and Employment is the competent body for the transposition of PWD. Representatives of the central trade unions have participated in a tripartite implementation working group for the transposition.
The current draft proposal includes a presumption of legal employment where two out of five criteria need to be met to trigger the presumption. The criteria are as follows:
– the platform undertaking determines when the person performing the work is required to carry out the work;
– the platform undertaking determines the place of work, other than where this results from the nature of the work or prevailing circumstances;
– the platform undertaking determines the manner in which the work is performed and may intervene in the quality of the work beyond merely accepting or rejecting the final result;
– the platform undertaking determines the essential tools and materials required for the performance of the work;
– the platform undertaking restricts the performance of work for others.
This criteria would make it very difficult for platform workers to trigger the presumption, and raises questions as to whether the law is in line with the judgement of the Finnish Supreme Administrative Court in 2025, which found a broad set of factors which proved that there was an employment relationship.