The legal framework for platform workers is evolving rapidly:
clarification of the employment relationship, use of artificial intelligence, data protection, collective rights, etc. Developments have been occurring at an accelerated pace in this field, which lies at the intersection of human and artificial intelligence-based work management. This is the opportunity to shine a spotlight on these latest developments, which are likely to impact many sectors.
Employee or self-employed?
The controversial issue of the nature of the employment relationship for platform workers, which is crucial for determining the protections offered by labour and social security law, has received several decisive answers from both the Belgian legislature and the courts.
Since 1 January 2023, in line with European legislation, Belgium has introduced an innovative mechanism for the presumption of salaried work specific to platforms, based on a list of eight criteria. Once established, this presumption can then be overturned by ‘any legal means’, in particular on the basis of four ‘general’ criteria already laid down in law (the parties’ intention, freedom to organise working time, freedom to organise work, and the possibility of hierarchical control).
In terms of case law, the most recent rulings conclude that the relationship should be reclassified as an employment relationship. This is notably the case in the ‘Uber’ ruling of the Brussels Labour Court of 26 June 2025 and the ‘Deliveroo’ ruling of the same Labour Court of 21 December 2023, both based on earlier presumptions predating the new legal presumption for platforms. This is also the case in the ‘Uber Eats’ decisions of the Administrative commission for the Regulation of the Employment Relationship of 22 April 2024, applying the new presumption for platforms for the first time.
The future legal framework
New regulations aimed at better protecting the rights of platform workers will soon come into force. From 1 January 2026, platforms will be required to take out compulsory insurance against accidents at work involving the self-employed workers they employ. Problem: many of these workers have not signed a self-employment contract but operate under the collaborative economy regime – a possibility that has been rendered uncertain since the Deliveroo ruling by the Brussels Labour Court. These workers would therefore not be covered by this protection.
The law on parcels, which came into force on 1 July 2024, also provides for increased protection for postal delivery workers, including minimum compensation and the introduction of limits on working hours from 1 July 2026. Although Deliveroo and Uber Eats are expressly targeted, both platforms have immediately contested the applicability of these new measures to them.
The European Platform Work Directive, adopted on 24 April 2024 under the Belgian Presidency, must be transposed by 2 December 2026 at the latest. It introduces a range of new rights for platform workers: clarification of employment status, transparency in the use of algorithms for personnel management, restrictions on the processing of personal data, collective representation of workers and protection against dismissal.
Key takeaway
As AI-based human resources management gains ground, many players other than food delivery platforms and ride-hailing services that also use algorithmic personnel management (temporary work, consulting, recruitment, construction, logistics, postal services, and even hospitality, etc.) could find themselves within the scope of these new standards and will also need to keep an eye on these developments.
By Johan Collard, Senior Associate - Osborne Clarke