Ruling on August 26, 2019
Authority: Court of Amsterdam
Parties: Pensioenfonds Vervoer / Deliveroo
Subject: Obligatory participation of Deliveroo in the occupational pension fund for professional road transport
Summary of facts: Deliveroo maintains a digital platform on which independent restaurants offer meals that consumers can order through that platform. Deliveroo's deliverers (drivers) previously worked on the basis of a written employment contract for a definite period of time. As of November 2017, Deliveroo only entered into agreements with riders. As of July 2018, no delivery company was operating on the basis of an employment contract. Pensioenfonds Vervoer is a sectoral pension fund within the meaning of the Pension Act and the Bpf Act 2000. Participation is mandatory by decision of the Minister of Social Affairs and Employment. Pensioenfonds Vervoer claims a statement of claim that Deliveroo falls under the obligation of Pensioenfonds Vervoer and must pay contributions to Pensioenfonds Vervoer. The Pension Fund explicitly does not request a ruling on whether the agreements with the delivery service providers should be classified as an employment contract.
Legal question: Does Deliveroo meet the conditions to be obliged to participate in the industry pension fund for professional transport by road?
Ruling: Deliveroo meets the conditions to be obliged to participate in the industry-wide pension fund for professional road transport, now that the transport activities are the core task of Deliveroo.