The Order, defines a mechanism through which the presumed employer, that is, the Digital Labour Platform or the work agency, or the same presumed employee can claim that there is no employment relationship. In such case the claimant must prove that the current relationship does not fulfil at least 4 of the following criteria:
1. the effective determination of, or stipulating the maximum limits for the level of remuneration;
2. that the person performing digital platform work is required to respect specific binding rules with regards to appearance and conduct towards the recipient of the service or performance of the work;
3. that supervision is carried out on the performance of the work or the verification of the quality of the results of the work, including by electronic means;
4.the effective restriction of the freedom, including through sanctions, to organise one’s working hours or periods of absence, to accept or to refuse tasks or the use of subcontractors or substitutes;
5.the effective restrictions of the possibility to build a client base or to perform work for any third party.

However, where the digital labour platform, the work agency or the platform worker claim that there is no employment relationship, the said party is responsible to provide all the necessary proof of the non-existent employment relationship and that such worker shall not be deemed as an employee of the platform nor the agency. Nevertheless, until the proceedings are completed, and such claims are verified by the respective authorities the worker in question shall still be deemed as an employee until the conclusion of such proceedings, and thus such platform worker and the employer shall remain subject to this regulation until such proceedings are completed.