Hukuk Fakültesi Koleksiyonu

Permanent URI for this collectionhttps://hdl.handle.net/20.500.11779/1935

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Department: search.filters.department.Hukuk Fakültesi, İş ve Sosyal Güvenlik Hukuku Anabilim DalıPublisher: search.filters.publisher.Kadir Has Üniversitesi Hukuk Fakültesi Dergisi

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    Dijital Platform Çalışanlarının Hukuki Statüsüne İlişkin Tartışmalara Yeni Bir Açılım: 2024/2831 Sayılı Direktifin Hukuki Karine Düzenlemesi
    (Kadir Has Üniversitesi Hukuk Fakültesi Dergisi, 2025) Günler, Salih Haydar
    The rapid growth of digital platform work has blurred the boundary between employees and the self-employed, thereby deepening debates on legal status. The “Directive (EU) 2024/2831 on Improving Working Conditions in Platform Work”, adopted by the European Union, has embraced the legal presumption as a central regulatory instrument with the aim of ensuring the correct determination of the employment status of platform workers. Under certain conditions, the presumption creates an employee-protective assumption and places the burden of proof on platforms, serving as a mechanism to counterbalance existing power and information asymmetries. The Directive goes further by explicitly requiring not only reference to national legislation but also to the case law of the Court of Justice of the European Union, thereby emphasizing the primacy of factual circumstances in establishing employment relationships. Various legal systems contain general or sector-specific presumption rules, and in some instances, these have been designed specifically for platform work. The article examines in detail the legal presumption established by the Directive, comparative legal approaches, the case law of the Court of Justice of the European Union, and the debates surrounding the determination of employment status.