Multiparty relationships in platform work: Cross-European case law developments and points of departure for (supranational) regulation

Abstract

Multiparty constellations are on the rise in the labour market, and they can make the classification of contractual relationships exceedingly difficult. Recent case law on platform work provides an insight into the various problems resulting from this development. The article provides an overview of cases in which courts and/or administrative bodies across Europe were called upon to rule on platform workers’ rights in cases that involved relevant multi-party constellations. It establishes a typology of the different actors that have figured as defendants in cases on platform workers’ rights and explores the consequences for both procedural and material aspects. On the basis of these insights from case law, as well as a brief review of the European Parliament's suggestion of regulating subcontractor liability in the proposed directive on platform work, a number of regulatory implications are identified.