The dilemmas of platform work in the light of the Curia's judgement and international trends

Abstract

In recent years, platform-mediated work has garnered significant global attention, spurred by the growth of the digital economy and the challenges it introduces to labour law. This paper delves into the complexities surrounding the classification of platform-mediated work, particularly in light of the judgement of the Hungarian Supreme Court (Curia) of December 2023 in the case of a delivery rider working for Foodora. It considers recent trends in Europe and the United States. The unique characteristics of this form of employment—such as algorithmic management, flexible employment frameworks — pose challenges for accurate assessment and necessitate innovative approaches in labour law. It is often argued that algorithmic management techniques obscure traditional functions of the employer, potentially leading to misinterpretations. Within this framework, the Curia's decision—which did not classify the relationship of a courier working for a digital work platform as an employment relationship may appear contradictory. However, the Curia’s ruling, which corrected the Court of Appeal’s decision, highlights the pitfalls of adopting novel methodologies that can result in illogical and even contra legem interpretations under the current understanding of some basic institutions of labour law. By critically analyzing the Curia’s judgment alongside international trends, this paper offers recommendations for the future regulation of platform work in labour law.