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In today’s world, the rapid development of digital technologies and the gig economy has led to the emergence of new forms of employment that significantly change traditional labor relations. The platform economy, based on shortterm contracts and freelance work, has become an important element of the labor market, offering new opportunities for workers, but at the same time presenting them with numerous challenges. The legal status of platform workers remains uncertain in many countries. Platforms often classify their workers as «independent contractors», «economically dependent independent workers» or «self-employed», which allows them to avoid obligations related to labor laws. This leads to legal gaps that jeopardize the social protection of workers on digital platforms. Different approaches to the legal status and social guarantees of workers in different countries create additional complexities in regulation. The issue of legal classification of digital platform workers remains unresolved, affecting their labor rights and social security. The authors consider the challenges that arise in connection with new forms of employment that displace traditional labor relations. The main attention is paid to the legal uncertainty of the status of gig workers, their social protection and the lack of a unified approach to the regulation of this sphere in different EU countries. The article analyzes legislative initiatives and case law in France, Germany, Austria and Spain, where the legal status of platform workers varies from employed to self-employed. Particular attention is paid to recent court decisions that affect the classification of platform workers and their social rights. The study reveals significant differences in the national legislation and judicial practice of different EU countries, which indicates the need to develop a unified European approach to the regulation of new forms of work. The authors emphasize the need to adapt national legislation to the new realities of the labor market, in light of the new EU Directive (Directive of the European Parliament and of the Council on improving working conditions in platform work), which aims to ensure the correct classification of employment status and the protection of the rights of gig workers.
Telychko et al. (Mon,) studied this question.