The Great Non-Transformation: How does Bulgaria Implement the EU Directive on Improving Working Conditions in Platform Work?

Abstract

Abstract As in many other countries, platform workers in Bulgaria are often self-employed despite often being dependent on a single platform, resulting in bogus self-employment (BSE), a problem that Chapter II of the EU Directive on Improving Working Conditions in Platform Work (EUPWD) intends to solve by establishing the presumption of employment. In this paper, we explore whether the EUPWD is likely to reduce BSE in Bulgaria. Bulgaria is a most likely case for the effective implementation of the EUPWD because it already has a strict labour code and case law, which are likely to facilitate the transposition of the EUPWD. Based on an in-depth analysis of the congruence of the Bulgarian Labour Code with the requirements of Chapter 2 of the EUPWD, we show a strong alignment between the two and thus expect no barriers to the formal transposition of the EUPWD. Nevertheless, existing problems of law enforcement are likely to limit the impact of the EUPWD on the scope of BSE in Bulgaria. Despite strong formal protection against BSE under the existing Bulgarian Labour Code, the Directive is unlikely to produce substantial changes in Bulgaria, with the already existing problems of application and enforcement continuing.

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