The Dutch Government has published a draft Platform Work Act which can be accessed here.
The proposal includes a legal presumption of employment for workers on digital labour platforms “when there are factual indications of direction and supervision”. The proposal leaves it up to “Order in Council” to lay down “further rules” for when direction and supervision might be present. This means that the responsible minister could come up with a specific criteria for triggering the presumption, bypassing the national parliament.
The proposal also includes algorithmic management rights such as prohibition of specific forms of automated processing and the right to a human review of automated decisions. Fines for non-compliance with the algorithmic management rights are the same as those for non-compliance with GDPR. Fines for breaches of the legal presumption can be increased by a 100% if the same or similar case of non-compliance is proven within five years of the original offence.
On intermediaries, the legal presumption “also applies” to intermediary firms when the person performing platform work has an agreement with them. There is no joint and several liability mechanism proposed.