Criminal labour law and the implementation of the Platform Work Directive

This paper aims to examine the potential shape and effectiveness of penal provisions that may accompany the Polish implementation of the EU Platform Work Directive (2024/2831). It evaluates how criminal labor law mechanisms, particularly misdemeanor sanctions, have functioned in prior implementations of EU directives concerning temporary agency work and posted workers. The analysis highlights the limited practical impact of fines imposed under existing labor laws and questions their adequacy in achieving the directive’s goals of effective, proportionate, and dissuasive enforcement. Drawing from comparative legislative patterns, the paper explores which specific duties of digital labor platforms—especially those related to algorithmic transparency, information rights, and occupational safety—could be legally sanctioned. The discussion also considers whether administrative penalties might provide a more robust framework for protecting platform workers’ rights. Ultimately, the study contributes to a broader reflection on the role of penal labor law in addressing regulatory gaps in the digital labor market.