Deliveroo meal delivery drivers are employees and not self-employed. The Supreme Court ruled on Friday in a case brought by the trade union FNV. With this, the highest court in our country agrees with previous judgments of the District Court and the Court of Appeal.
The case revolves around Deliveroo’s decision in 2018 not to renew the expiring contracts of delivery drivers. Instead, they could work as an independent entrepreneur for the meal delivery company.
FNV then filed a lawsuit because, according to the union, the meal delivery companies were still largely dependent on Deliveroo. According to the union, the delivery drivers also suffered financially. In addition, there would be more risks for the staff, for example in the case of incapacity for work. With the self-employed construction, Deliveroo also did not have to continue to pay wages in the event of illness.
In its defense, the company repeatedly pointed out that meal delivery drivers were self-employed because they were free to work when they wanted, could refuse rides and be replaced.
In an earlier ruling, the Court of Appeal of Amsterdam ruled that the deliverers were indeed employed. There was an authority relationship, for example because Deliveroo could check them via a login system. The Supreme Court now rules that the Court of Appeal’s reasoning was correct. This means an end to a case that has been dragging on for several years.
Despite the departure of Deliveroo, the ruling could have major consequences
The meal delivery company already left the Netherlands last year, but the ruling can still have major consequences. Firstly for Deliveroo itself, because the union demands in other procedures that wages and benefits are still paid. Secondly, because the ruling can also apply to other companies that work with freelancers.
The number of self-employed without employees has grown considerably in recent years. The cabinet is not happy with this, because it can encourage bogus self-employment. It is therefore working on legislation to prevent this.
