- Date
- 11 December 2025
- Country
-
Germany
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Geographical scope
- National
- Type
-
Description
The German Federal Ministry of Labour and Social Affairs (BMAS) is currently evaluating a legal requirement for direct employment in the food delivery sector. This proposal would effectively ban the use of subcontractors and intermediaries, compelling digital platforms to hire delivery riders directly as employees. The initiative follows reports of systematic abuse and a lack of transparency within subcontracting chains, which are said to disadvantage riders and facilitate the circumvention of labour laws.
Implementing a direct employment requirement faces significant legal hurdles. A ban on subcontractors restricts the freedom of occupation and the right of an entrepreneur to choose a business model under the German Basic Law. For such legislation to be valid, the government must demonstrate that a total ban is the least intrusive method available to protect workers. It must prove that alternative measures, such as more frequent inspections or higher administrative fines, would be ineffective.
Furthermore, the measure must comply with European Union law regarding the freedom to provide services. Any national restriction on this right must be justified by an overriding public interest and remain proportionate.
The necessity of a sector-specific subcontractor ban is a subject of debate in light of the implementation of Platform Work Directive (EU) 2024/2831. The directive introduces a rebuttable presumption of employment whenever a digital platform exercises direction and control over a worker. Critics of the proposed ban argue that the directive already addresses the issue of misclassification. If the directive is implemented effectively into German law by the 2026 deadline, the legal status of platform workers would be clarified without the need for a total ban on subcontracting models.
- Keywords
-
algorithmic management,
employment status,
regulatory changes
- Actors
-
Government
- Sector
-
Transportation and storage
Sources
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On November 11th 2024, the new EU directive 2024/2831 on improving working conditions in platform work was published in the Official Journal of the EU. It ented into force on …
