Blurring the Boundaries Between Being an Employee and Self-employed: An EU Competition Law Analysis of the Employment Status of Wolt Couriers

This paper investigates the employment status of platform workers from an EU competition law perspective with a focus upon Wolt couriers. It argues that the employment status of platform workers in general is unclear. In their current state, the EU competition rules may constitute a barrier for the collective bargaining of platform workers as they typically have the status as self-employed. As the classification of employment status affects the rights and obligations of platform workers, it is essential to be able to determine their employment status. Whether platform workers under EU competition law may be considered as self-employed (undertaking) or an employee depends on the characteristics of the relationship between the parties in question. Thus, the paper draws upon the current criteria and factors from case law by the European courts on how the relationship should be assessed in order to determine the employment status. The employment status of platform workers can vary depending on the online platform and the current business model of the online platform. As a result, it is essential to analyze the online platform in question before the employment status can be evaluated. Therefore, an analysis of the business model of Wolt will be presented, which is followed by an assessment of the employment status of Wolt couriers. The paper seeks to contribute to the understanding of the challenges to the existing legislative frameworks.