Employment contracts on digital platforms: evolving STJ case law

The Portuguese Supreme Court of Justice has issued three particularly relevant rulings in 2025 on the legal status of delivery workers working through digital platforms. These decisions mark an important step forward in the implementation of Law No. 13/2023, in force since 1 May 2023, which aims to strengthen the labour protection of workers in the digital economy.

This law introduced Article 12-A into the Labour Code, which establishes a presumption of the existence of an employment contract in certain situations where services are provided through digital platforms, provided that certain indicators of legal subordination are met.

First decision: retroactive application of the law

In the judgment of 15 May 2025, the Supreme Court clarified that the recognition of the employment relationship is not limited to situations after the entry into force of the law.

Delivery drivers whose activity took place before 1 May 2023 can also have their status as workers recognised if there are elements that reveal dependence or control by the company, such as the setting of working hours, the organisation of work or the determination of remuneration.

Second decision: the Glovo case

On 28 May 2025, the Supreme Court recognised the existence of a permanent employment contract between a delivery driver and the Glovo platform, by verifying the concurrence of five of the six legal criteria that determine the existence of subordination.

The judgment stands out for its interpretative value, by concretely applying the presumption of employment introduced in 2023 and offering guidance on how the evidence should be assessed in each case.

Third decision: the Uber Eats case

In the decision of 18 June 2025, the STJ overturned a decision of the Court of Appeal which had rejected the existence of an employment relationship between delivery drivers and Uber Eats. The Supreme Court considered that essential factual elements were missing, such as exclusivity, operational autonomy or compatibility with other professional activities, and ordered the case to be referred back to lower courts to complete the evidence.

A still evolving framework

These decisions reflect a still fragmented jurisprudential landscape, with lower courts maintaining disparate criteria depending on the evidence provided.

Although the Supreme Court is beginning to take a clearer interpretative line, jurisprudential uniformity is not yet consolidated, and the Portuguese government has announced its intention to review the legal regime applicable to digital platforms to ensure greater legal certainty for both workers and companies.

Conclusion

The recent decisions of the STJ confirm a trend towards reinforced protection of workers in digital environments, but also highlight the need for greater regulatory clarity.

The legal qualification of delivery workers will continue to depend on proof of the elements of subordination and on judicial interpretation on a case-by-case basis.

The evolution of the legislative and jurisprudential framework on the platform economy will be decisive in the coming months, both for technology companies and for professionals operating under this model.

Article written by Pedro da Quitéria Faria and João Jorge Pereira, of ECIJA Portugal's Employment and Social Security practice.