Measures to improve Working Conditions in Platform Work in Slovenia: Legal Study (PLATFOsi)

PROJECT CODE: V5-2504

PROJECT MANAGER: prof. dr. Grega Strban

COLLEAGUES: as. Sara Bagari

PROJECT PARTNERS:

508 - Institute of Labour Law at Faculty of Law in Ljubljana

592 - University of Maribor, Faculty of Law

590 - University of Ljubljana, Faculty of Public Administration

PROJECT TEAM COMPOSITION:

583 - University of Ljubljana, Faculty of Law:

19427 - dr. Grega Strban

50773 - Sara Bagari

508 - Institute of Labour Law at Faculty of Law in Ljubljana:

16387 - dr. Katarina Kresal Šoltes

592 - University of Maribor, Faculty of Law:

54756 - dr. Aljoša Polajžar

26034 - dr. Darja Senčur Peček

590 - University of Ljubljana, Faculty of Public Administration:

28766 - dr. Valentina Franca

KEY INFORMATION ABOUT FINANCING:

price category of research hours: A

project value: 40,000 €

co-financers: 50% ARIS, 50% MDDSZ

The purpose of the project is to develop expert bases and proposals for measures to implement Directive (EU) 2024/2831 on improving working conditions in platform work, including measures for the practical identification and elimination of disguised employment relationships, which is key to eliminating precarious work, which is also one of the commitments in the coalition agreement.

The starting point of the project is the definition of platform work as a modern form of non-standard paid work that takes place via a digital work platform that organises, manages, and supervises the work process using automated monitoring and decision-making systems (algorithmic management). It falls within the scope of high-risk artificial intelligence (AI) systems and increased risk of precariousness. This stems from the concentration of power and control by the algorithmic organisation on the one hand, and the uncertain and unclear employment status of persons performing platform work on the other (MAPA: Multidisciplinary Analysis of Precarious Work: Legal, Economic, Social and Health Care Aspects; CRP 2017, V5-1741). Platform work is highly diverse, but in practice, it is mainly carried out outside of an employment relationship and outside the scope of existing labor law protection, which is why EU law highlights the establishment of a mechanism for assessing when workers are actually workers and when they are independent contractors or service providers as one of the key regulatory challenges. One of the key legal questions is therefore what criteria (substantive law aspect) and what procedure (procedural law aspect) should be used to assess the correct definition of the employment status of persons performing platform work. The identification and elimination of disguised employment relationships and bogus self-employment are, of course, not limited to platform work, but are particularly acute in this segment of the labor market. The following key question is how to legally regulate decent working conditions, personal data protection, and collective rights, given the specific nature of platform work. The directive represents the first attempt at comprehensive legal regulation of platform work at the EU level, while in Slovenia, we do not yet have such specific legal regulations. The project is therefore of great importance for regulators, supervisory authorities (IRSD, FURS), the economy, and society as a whole, as it will contribute to improving the working conditions of platform workers and reducing precariousness, as well as to greater order and legal certainty in the labor market in the platform economy, thereby increasing the competitiveness of the Slovenian economy as a whole.

The first part of the project will comprise a comprehensive legal analysis of all international, European, and national legal instruments in the field of platform work regulation, with an emphasis on Directive (EU) 2024/2381, including an analysis of the case law of Slovenian courts and the Court of Justice of the European Union regarding the identification and elimination of disguised employment relationships, and in the second part, the development of possible appropriate solutions for the implementation of the requirements of the Directive into Slovenian law.

The central research question is what changes and amendments to the existing legal framework are necessary about: (1) rules for determining the elements of an employment relationship (rebuttable legal presumption, connectivity of data and records of various supervisory and state authorities, and their mutual coordination and cooperation); (2) specific regulation of working conditions in platform work (regarding pay, working hours, breaks, rest periods and annual leave, health and safety at work, and protection of privacy and dignity); (3) the introduction of measures relating to algorithmic management and the protection of personal data; (4) rules on the exercise of collective rights by persons engaged in platform work (information and consultation with workers' representatives, trade union activities and collective bargaining, provision of communication channels); (5) other measures (registration of platform work, legal protection).

The main objectives of the project are:
- Comprehensive analysis of the existing legal framework in relation to the requirements of Directive (EU) 2024/2831
- Analysis of the employment status of persons performing work via digital labour platforms, including analysis of the identification and elimination of disguised employment relationships - Development of solutions for the transposition of the requirements of Directive (EU) 2024/2831
- Analysis of the implementation of the requirements of Directive (EU) 2024/2831 in relation to ensuring an effective mechanism for identifying and eliminating disguised employment relationships (rebuttable legal presumption of the existence of an employment relationship, linking of data and records, and cooperation between various supervisory and state authorities).

The specific objectives of the project are:
- to raise awareness of decent work and measures to improve working conditions in platform work,
- to raise awareness of the principle of equality and non-discrimination in the platform economy,
- promoting examples of good practices for improving working conditions in platform work from other EU countries,
- encouraging research and strengthening cooperation in studying and addressing the negative consequences of precarious work, including in the platform economy.

The research work will be divided into two work packages:
1. ANALYSIS OF THE CURRENT LEGAL SITUATION OF PLATFORM WORK
Objective and challenges: to gain a comprehensive insight into the situation in the field of labor law regulation of platform work in Slovenia from the perspective of the requirements for transposing the measures from Directive (EU) 2024/2831 and to identify any gaps and shortcomings, including with regard to the identification and elimination of disguised employment relationships.
Methodology: theoretical analysis of relevant literature, normative and comparative legal analysis of binding legal instruments, including case law and the practice of supervisory authorities, and synthesis of findings
Duration: 4 months (September 1, 2025 – December 31, 2025)
Lead partner: PFUM (Senčur Peček, Polajžar)
Coordinator: IDPF (Kresal Šoltes)
Implementers: all research organizations

2. FORMULATING PROPOSALS FOR POSSIBLE SOLUTIONS
Objective and challenges: Based on a comprehensive analysis of the existing regulation of platform work and the identification of gaps and shortcomings in the existing national labor law regulation from the perspective of the requirements of Directive 2024/2831, formulate proposals for possible solutions for the implementation of the measures from the Directive, including the identification and elimination of disguised employment relationships
Working method: normative legal analysis of possible solutions, comparative legal analysis, and, if there is interest outside the research group, the possibility of cooperation with focus groups formed of representatives of the relevant ministry, supervisory and other state bodies that deal with or have the authority to identify and eliminate concealed employment relationships and eliminate the negative consequences of irregular employment status (IRSD, FURS, ZPIZ, ZZZZS, labor and administrative courts) and/or representatives of social partners and civil society.
Duration: 8 months (January 1, 2026 – August 31, 2026)
Lead partner: PFUL (Strban, Bagari)
Coordinators: PFUM (Senčur Peček) and IDPF (Kresal Šoltes)
Implementers: all research organizations