S.L. 452.127 Art. 5Effective date of employment, probation, notice and duration.

(1) A person who was considered to be performing services as a self-employed person for another person, whether prior to, or at any time following the date of the entry into force of this order, and is subsequently found to be an employee in accordance with article 4 shall be considered to have been engaged as an employee of the relevant digital labour platform for whom he was providing digital platform work or the work agency, as the case may be.

(2) The date of engagement referred to in sub-article (1) shall be considered to be the date of the entry into force of this order:

Provided that for the purpose of this sub-article, the probationary period shall be considered to have commenced on the date of the initial continuous provision of services by the platform worker with the relevant digital labour platform or work agency, as the case may be, and the seniority and any notice due in case of any eventual redundancy shall also be computed accordingly:

Provided further that for the purpose of this sub-article the term "continuous provision of services" shall include those contracts, whether on a self-employed or employment basis, when the work performed was essentially the same and where the period between a contract and another does not exceed a period of six (6) months and the periods in between shall be taken into account.

(3) The employment referred to in sub-articles (1) and (2) shall be deemed to be indefinite and whole-time on the same basis as the hours of work of a comparable whole-time employee or, in the absence of a comparable whole-time employee, on a forty-hour (40) normal working week, unless in relation to the duration and hours of work, it is not specified otherwise in writing in accordance with article 15.

(4) For the avoidance of any doubt, for the purposes of this order, any employment relationship arising after the entry into force of this order may be entered into for an indefinite or a definite period and, or either on a whole-time or part-time basis:

Provided that no whole-time employment shall be entered into where the platform worker is already in whole-time employment with another employer.