Can verifying images on a website form (reCAPTCHA method) be considered an (implied) employment relationship? Analysis based on Polish law

Abstract

The subject of the study is the problem of demarcating the employment relationship from non-employment relationships, irrelevant from the point of view of labour law. This issue was analysed using the example of verifying images on a website in the context of the characteristics of an employment relationship. In many cases, the search engine requires the user to verify the images on the form in order to check whether human activities on the web are not posed by algorithms. The verification process is supposed to enhance the security of online activities, but it brings significant benefits to technology conglomerates. The research question is therefore whether remuneration should be awarded in this case and, looking more broadly, whether such user activities should not be qualified as an employment relationship.