Internet consultation of the Platform Work Act

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Interested parties can respond to the Platform Work bill until August 24 via the government's internet consultation page.

What is the plan in the Netherlands regarding the introduction of the Platform Work Act?

Member states are obliged to transpose the European Platform Work Directive (Directive 2024/2831) into national legislation by December 2, 2026 at the latest.

The Netherlands is lagging behind this schedule.

What is the purpose of the Platform Work Act?

The aim of the new law is to improve the position of the "employee" who performs platform work by introducing measures that:

Prevent misclassification of the employment relationship;

Set requirements for the protection of the personal data of persons who perform platform work perform;

Set requirements for the use of algorithms, such as “transparency” and “human oversight”;

Set requirements for data portability.

What does the Platform Work Act understand by a "platform"?

The Platform Work Act defines a digital labor platform as a natural or legal person that provides a commercial service. This service must meet four requirements:

The service is provided via a website, a mobile application or an online portal;
The service is initiated because a customer requests it;
The service consists of work performed by individuals for payment;
Using the digital labor platform uses algorithms to assign work, track performance, calculate rates or monitor workers.

The purpose of the Platform Work Act: combating bogus self-employment

The Platform Work Act introduces a legal presumption that a platform worker is an "employee", if there are actual signals of 'management and supervision'.

The new law designates the "platform" as the presumed employer.

The new law also states that the platform must prove that there is no employment relationship. The burden of proof has therefore been reversed: it is not the employee but the platform that must prove that there is no employment relationship. The client for whom the work is carried out is not the party that is regarded as the employer; it is purely about the relationship with the platform.

It is therefore not about what is in the contract between the platform and the freelancer. The "pseudo" freelancer can argue - if there is management and supervision - that he is an employee, and is therefore entitled to a pension, severance pay, etc. since his appointment. If the platform cannot prove the contrary, this also means that the platform must pay payroll tax retroactively and can expect a fine from the Tax Authorities.

What is the legal presumption of platform employment?

In the bill, the legal presumption of platform employment is determined by the following five criteria of management and supervision:

The platform determines the rates;
The platform distributes the work;
The platform controls the quality and the work;
The platform limits the freedom to set your own working hours to choose, refuse assignments or work for third parties;
The platform imposes rules on how the work must be carried out.

If a platform worker demonstrates that at least two of these five criteria are met, the legal presumption that the worker is an employee applies, even if the employee is a "freelancer" hired.

Disclaimer: The information contained in this article is for informational purposes only and reflects the personal opinions of the author. This is not legal advice. If you have a specific legal problem, always consult a qualified lawyer or attorney.

Disclaimer

The information provided in this article is for general informational and educational purposes only and does not constitute legal, tax, or employment advice. Labor and classification regulations (such as the Dutch Wet DBA and EU directives) are highly complex, fact-specific, and subject to frequent changes and changing administrative policies. Reading this content does not create an attorney-client or advisory relationship with Zooly. Before making any decisions regarding contractor engagement, compliance frameworks, or classification policies, you should always consult a qualified local employment lawyer or tax professional. Zooly accepts no liability for any actions taken or decisions made based on the information provided on our website.

Editorial Note & AI Disclosure:

In compliance with Article 50 of the EU AI Act, we disclose that artificial intelligence (AI) tools were utilized to assist in compiling, legal screening, and drafting this content. However, to ensure absolute legal precision and contextual accuracy regarding compliance topics, the final text has undergone full human editorial review and rigorous manual verification by the Zooly compliance team before publication.

Disclaimer

Editorial Note & AI Disclosure

Source: Voorstel Wet Platformwerk Internetconsultatie

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