The legal analysis noted that similar court cases across Europe have typically resulted in platform workers being reclassified as employees, with companies later adjusting their work models.

Foresight Center expert Olavi Miller said platforms in Estonia currently tend to treat workers as independent service providers who provide services to clients found through the platform, but legal reasoning is shifting.

"Although it is characteristic of platform work to direct workers via algorithmic management, this may not necessarily change the nature of the employment relationship," he said.

University of Tartu labor law professor Merle Erikson said Estonian courts or labor dispute bodies would likely legally deem a courier or driver working through such a platform as an employment relationship.

She noted that no such disputes have yet reached Estonian courts, but said platform control systems and legal criteria are broadly similar from country to country.

"Based on this, we can assume that in case of a dispute, a courier or driver operating through a platform in Estonia would most likely be considered an employee, and a worker performing gigs through the platform would be considered a temporary worker," Erikson said.

According to the analysis, most European cases involving platform work have led to workers being legally classified as employees, prompting some platforms to loosen work rules following rulings.

EU keeps presumption of employment

Researchers also noted that some countries rely on standard tests of employee subordination to distinguish between workers, while others use additional criteria, such as an employment contract, to determine employment status in platform work cases.

The analysis found no extra criteria are strictly needed in Estonia, but clearer guidelines could help determine when algorithm-based management establishes an employment relationship. The authors also suggested the Labor Inspectorate could be involved in assessing status.

According to the analysis, the upcoming EU platform work directive does not define platform workers' legal status, but stresses the need to determine it correctly. It also introduces a presumption of employment already known in Estonian law, reflecting workers' weaker bargaining position.

In disputes, it concluded, platforms would bear the burden of proving a relationship with a worker does not qualify as employment.

Click here to read more about the latest analysis and the Foresight Center's broader platform work-focused research.

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