The Ministry of Economic Affairs has sent interest groups a draft law intended to make the organization of platform work more transparent and clearer overall.

In doing so, the ministry aims to minimally transpose an EU directive that sparked heated debate across the bloc just a few years ago. News outlet Euractiv reported, for example, on how Bolt engaged in aggressive lobbying and at one point even drafted a working version of the Estonian government's position in opposition to the directive.

The bill is intended to ensure that work performed on platforms such as Bolt, Wolt, Forus and Uber is carried out under the appropriate type of contract.

In disputes between workers and employers, a so-called reversed burden of proof would apply. For example, if a person works for a platform but the company refuses to offer an employment contract and instead argues that the individual is an independent service provider, the main burden of proof would fall on the company.

"Let's say a platform worker believes they should be classified as an employee under an employment contract and decides to go to the labor dispute committee and present the facts. For example, that they cannot set their own pay or that the platform assigns tasks, supervises them or imposes sanctions. In that case, it is presumed that they are an employee. If the platform disagrees, then the platform itself must come forward and actively prove otherwise — for example, that the person is an independent service provider," Ministry of Economic Affairs adviser Johann Vootele Mäevere told ERR.

Mäevere said it is very difficult to predict how many app-based couriers or ride-hailing drivers might now receive employment contracts.

First, workers themselves would have to want such contracts; second, each case would depend on rulings by courts and labor dispute committees. The ministry generally expects that the bill would not significantly affect the business models of platforms such as Wolt and Bolt.

"If, for example, most platform workers in Estonia were to decide — say all Bolt taxi drivers — that they now want employment contracts and if there were some massive class action lawsuit and the court ultimately ruled that all those drivers are employees under employment contracts, then it would certainly have a significant impact on Bolt. But it is very difficult to predict whether such a scenario is realistic or not," Mäevere said.

Bolt's head of public policy for the Baltics, Sirli Heinsoo, said no one currently operating on their platform does so under an employment contract.

"Everyone operates either through an entrepreneur account, a private limited company or as a sole proprietor, meaning they are still our partners. In essence, they are our business partners and use the platform to offer their services more effectively and find customers," Heinsoo explained.

Heinsoo also said the draft law sent out for consultation would not fundamentally change anything for them. She noted that current legislation already states that an employment relationship is not presumed if the worker is free to independently choose the time, place and manner of performing the work.

"Since the current draft law refers to the existing Employment Contracts Act, as far as we know nothing changes for us from that perspective," she said.

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