Labor Law Reform in Belgium
Criteria for presuming an employment relationship in platform work in Belgium.
Photo Thomas Dekiere
In October 2022, the Belgian government reformed the country's labor legislation. Among the various changes to labor law, a provision was introduced establishing the presumption of employment in jobs managed by digital platforms.
Eight criteria were established to characterize the presumption of an employment relationship. However, if platforms meet three of the eight criteria, or two of the last five criteria, the presumption is already recognized:
- The digital platform requires exclusivity in its field of activity;
- The digital platform uses geolocation for purposes other than the proper operation of its basic services;
- The digital platform restricts freedom in how work is performed;
- The digital platform limits workers' remuneration levels, either by controlling hourly pay, restricting individuals' right to refuse offers based on the price offered, or by not allowing individuals to set the price of services;
- The digital platform stipulates rules on how workers should present themselves and behave in front of the recipient of the service, or in relation to the performance of the work;
- The digital platform determines the priority of future job offers and/or the value offered for a service and/or the classification of workers by collecting information from them and monitoring the performance of their activities, particularly using electronic means;
- The digital platform restricts freedom to organize work, in particular the freedom to choose working hours, the possibility to accept or refuse tasks, or to use subcontractors or substitutes; and
- The digital platform restricts the worker's ability to build their own client base or to perform work for third parties outside the platform.