German lawmakers have only a few months left to transpose the EU Platform Work Directive into national law. Meanwhile, the legality of platform-based working models is the subject of debate due to an amendment to the Act to Combat Illegal Employment and a ruling by the Federal Labour Court.
In October 2024, the European Parliament and the Council of the European Union introduced Directive (EU) 2024/2831, a set of rules intended to improve working conditions in platform work. Known as the Platform Work Directive, it came into force on 1 December 2024. European member states have since had until 2 December 2026 to create the necessary legal and administrative provisions to implement the directive. According to public statements, the Federal Ministry of Labour and Social Affairs intends is engaging with various interest groups to establish a secure and practical legal framework. The coming months will show whether this will be successful.
In the Directive, the EU defines “platform work” as a type of employment that is difficult to classify under traditional forms of employment in German labour and civil law. According to the Directive, platform work is "work organised through a digital labour platform (…) by an individual on the basis of a contractual relationship between the digital labour platform or an intermediary, and the individual, irrespective of whether there is a contractual relationship between the individual or an...
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