ECLI:NL:GHAMS:2021:392
Ruling on February 16, 2020
Authority: Court of Appeal Amsterdam
Parties: Deliveroo/Federatie Nederlandse Vakbeweging (FNV)
Subject: Employment status between parties
Summary of facts: Deliveroo is a digital platform which offers delivery services between restaurants and customers. Riders are offered delivery orders via the Free Login system. A rider is free to accept or refuse an order without negative consequences. Deliveroo pays out based on invoices it prepares. After rider accepts an order, he or she can replace him- or herself on condition that the substitute shows a valid proof of identity and proof of the right to work in the Netherlands.
Legal question: Does an employment relationship exist between the riders and Deliveroo?
Considerations: The great freedom the riders have with regard to when they work and whether or not they accept an order is the only indication for the absence of an employment contract. Although the rides are formally allowed to find a substitute, there is no indication the riders have the right let themselves being replaced permanently. Furthermore, the circumstances regarding the payment points in the direction of the existence of an employment contract. Deliveroo provides the invoices, the riders have no influence on the height of the fee and most of the riders are not liable to account VAT. An indication the riders work under the authority of Deliveroo is the fact that meal delivery is one Deliveroo’s core activities. In addition, Deliveroo has several times unliterally changed the content of the contract and the way in which the work is organized. Also, Deliveroo has far-reaching control options via its bonus system and because the algorithm continuously monitors the GPS location of the riders after logging in.
Ruling: The riders of Deliveroo are not self-employed but work for the company on the basis of an employment contract.