Classifying the unclassified: legal responses to platform work in the European Union and Kenya

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The legal status of platform work has been a challenge since the emergence of gig economy. The legal framework including courts have responded inconsistently as to whether platform workers are employees or independent consultants resulting to these workers unequal treatment and unequal protection under the law. These varying responses and decisions even by courts have contributed to the inequality and unknown status. It is my contention in this thesis that addressing the legal status of the platform workers definitively, is half the solution to getting them the much needed protection under the law. The EU has made positive substantial progress in bridging this gap through the Directive (EC) 2024/2831 on improving working conditions in platform work which introduces the presumption of employment. Though this is a rebuttable presumption, it has set the stage for finally platform workers acquiring a legal status.

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Platform work(ers), Misclassification, Legal status
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