The Consequences of Excluding Platform Work in Directive 2024/2831 from the Definition of an Employment Relationship under Social Security Law. Context of the EU Provisions on the Coordination of Social Security Systems on the Applicable Legislation.

Introduction: Under Directive 2024/2831, the contractual relationship between a digital employment platform and a person working through that platform is presumed by law to be an employment relationship. However, this presumption does not apply to proceedings concerning tax, criminal or social security matters. Member States may nevertheless apply a legal presumption in such proceedings in accordance with national law. The author will explain how leaving such freedom to Member States in the area of social security does not promote cross-border protection for workers and hinders the implementation of the principle of freedom of movement for workers within the EU and does not ensure effective protection of social rights in the field of social security for migrant workers.Objective: The article will outline the legal consequences of the possible different qualification of platform work in individual Member States for cases of cross-border work in the field of social insurance. This concerns conflict regulations regarding the indication of the country competent to pay contributions. The author will explain what problems are caused by the lack of uniformity in defining this concept in different countries. In addition, he will indicate the consequences regarding entitlements to social insurance benefits, especially in the context of differences in acquiring entitlements to benefits, which may arise due to the lack of uniformity in the qualification of this work under the social insurance law of different countries.Materials and methods: The author will conduct a legal research based on European Union law, taking into account the case law of the Court of Justice, and the relevant literature. The legal analysis focuses primarily on the regulations contained in Regulation 883/2004 and EU Directive 2024/2831. This includes, in particular, an analysis of the conflict-of-law rules contained in Regulation 883/2004, as well as the definitions of terms in European Union law and the impact of Directive 2024/2831 on the application of Regulation 883/2004.As assistant professor at the Faculty of Law and Administration of the University of Warsaw, researcher of social security and international law and negotiator of international social security agreements, the author will make use of theoretical and practical aspects of this issue.Results: The author will propose the adoption of a universal approach to the legal institution of platform work in the social security systems of EU Member States in order to safeguard the interests and ensure effective legal protection of platform workers. This approach will be supported by legal justification, taking into account both the content of the European Union law regulations and the purpose of the EU provisions on the coordination of social security systems in ensuring social protection for people migrating within the Member States of the European Union.