Slovakia is the first in the EU to implement the platform work directive
From 2 December, digital platforms in Slovakia will not be able to block an account solely based on an algorithm's decision. Poland has the same EU deadline, but its draft law is still at the consultation stage.
Slovakia has become the first country in the European Union to adopt a law implementing Directive 2024/2831 on platform work. Parliament completed its work on 23 September. The regulations will enter into force on 2 December 2026, the day the deadline for implementing the directive in all member states expires. The most important changes were presented by the Slovak Trade Union of Digital Platform Workers (OZ PDP), cited by pulsHR.pl (opens in a new tab).
Platforms will not be allowed to block accounts or terminate contracts solely on the basis of a decision made by an algorithm or artificial intelligence. Every such decision must be made by a human, and blocking or deleting an account will require a written justification. Platforms must also clearly describe the rules for assigning tasks, evaluating work, and calculating pay. They may not track location outside working hours or collect data on mental health, private correspondence, or political views.
The status of a courier or driver will be determined by the actual nature of the work, not the wording of the contract. If the labour inspectorate or a court identifies subordination and control, a presumption of an employment relationship arises. In that case, the platform must prove that it is cooperating with an independent contractor. Penalties of up to 50,000 euros apply for breaches of automation rules, and from 4,000 to 200,000 euros for disguising employment as self-employment. According to The Gig Economy Project newsletter, the part of the law concerning algorithmic management repeats the directive almost word for word. It therefore also covers people who are genuinely self-employed.
Poland's draft law was prepared by the Ministry of Family, Labour and Social Policy. Public consultations took place in August, and the draft is still being finalized. The Council of Ministers is expected to adopt it in the fourth quarter, and the lack of agreement between trade unions and employers' organizations threatens meeting the 2 December deadline. The draft provides for a presumption of an employment relationship and fines from 2,000 to 60,000 zlotys. Estimates of the number of people covered by the regulation vary: the drafters give 150,000-600,000, while the Polish Economists' Association says 719,000 in 2024. The Union of Entrepreneurs and Employers opposes the presumption as a restriction on freedom of contract.
Companies in Poland that use platforms or algorithmic management can use Slovakia's example to see which obligations follow directly from the directive: human involvement in decisions, transparent pay rules, and limits on data collection.