On 11 November 2024, Directive (EU) 2024/2831 on improving working conditions in platform work (the “Directive”) was published. The directive aims, on the one hand, to improve the working conditions of people engaged in platform work and, on the other hand, to regulate algorithmic management and the associated processing of personal data. Member States must comply with the Directive by 2 December 2026 at the latest. Accordingly, the Dutch government drafted the Platform Work Act (Wet platformwerk). The Platform Work Act is open for public consultation until 24 August 2026, thus enabling stakeholder review and comment.
What does the Platform Work Act regulate and what is new?
The Platform Work Act introduces standardised definitions of key terms, making it clearer to whom the Act applies and ensuring that people engaged in platform work, even when working through an intermediary, enjoy the same protection. In addition, the Act contains a rebuttable legal presumption of an employment contract, rules on algorithmic management and transparency obligations for digital labour platforms.
What is a digital labour platform?
A ”digital labour platform” is a natural person or legal entity that provides a service, at least in part, at a distance by electronic means, and at a customer’s request, where organising paid work by individuals is a necessary and essential component of the service, and where automated monitoring or decision-making systems are used. The Act excludes services whose primary purpose is asset-sharing or the resale of goods by non-professionals, such as short-term accommodation rental services or online second-hand goods marketplaces.
Two statuses for workers: person performing platform work vs platform worker – why does the distinction matter?
A person performing platform work includes anyone who performs platform work, regardless of the nature or classification of the contractual arrangement. A platform worker, by contrast, is a person who performs platform work on the basis of an employment contract. This distinction is important because certain protective measures deliberately extend beyond the category of employees. All persons performing platform work have the right to protection against prohibited data processing, to transparency regarding automated systems, to data portability, to safeguards for human oversight and review, to communication channels and to protection against adverse treatment. Platform workers receive additional protection on top of this, including in the areas of health and safety, employee representation, information and consultation rights, and specific dismissal protection.
Rebuttable presumption, not automatic employment status
The Act introduces a rebuttable legal presumption of employment for persons performing platform work. The five statutory criteria that may trigger the presumption relate to the digital labour platform’s direction and control. These criteria are:
- determining or influencing remuneration levels;
- determining task distribution or assignment; exercising supervision over work performance;
- restricting freedom to accept or refuse tasks, including through sanctions; and
- requiring compliance with specific binding rules on appearance, conduct or work performance.
Where at least two of these criteria indicating direction and control are met, the contractual relationship with the digital labour platform, or where applicable the intermediary, is presumed to be an employment relationship
This presumption is procedural, not automatic: it does not reclassify the worker or trigger automatic registration as an employee with the tax authorities or social security institutions (such as the UWV – the Dutch Employee Insurance Agency). Employment status must still be established through judicial, administrative or enforcement proceedings. The presumption applies only in civil and labour law enforcement proceedings, not in tax or social security matters. The platform or intermediary may rebut the legal presumption by demonstrating that, based on the normal standards of employment law, the relationship cannot be classified as an employment contract. The platform or intermediary may rebut the legal presumption by demonstrating that, on the basis of normal employment law standards, the relationship cannot be classified as an employment contract. According to the Explanatory Memorandum, a conscious decision was taken not to include any specific exceptions to this in the Act.
Conclusion: compliance duties beyond employment status
In practice, the Act creates a dual compliance burden for platforms that organise, allocate, price, monitor or evaluate work through digital infrastructure. First, certain obligations – algorithmic transparency, human oversight, data protection, anti-retaliation measures, and reporting duties – apply immediately to all persons performing platform work, regardless of employment status. Second, where direction and control are present, the rebuttable presumption may help workers establish employee status, triggering full national employment law consequences. Until that classification is made, workers may occupy a hybrid position: protected under the Act’s rules on algorithmic management and collective rights, but outside the scope of social security, pension, and payroll tax obligations.
When should we expect enactment?
Article 29(1) of the Directive sets 2 December 2026 as the transposition deadline. The Dutch government has acknowledged that this deadline will not be met, but aims to implement the Directive as soon as possible. The Act includes transitional provisions: the rebuttable presumption applies only from the Act’s date of entry into force (regardless of when the underlying contract commenced), while the remaining provisions have immediate effect. Guidelines to support compliance with the presumption will be published in advance of entry into force. The legislative text may undergo several revisions during its passage through the Dutch Senate.