Ruling on July 1, 2019
Authority: Court of Amsterdam
Parties: FNV / Helpling Netherlands B.V.
Subject: No mandatory application of the cleaning collective labour agreement of the platform Helpling because there is no employment contract, but there is employment-mediation.
Summary of facts: Helpling operates an online platform where cleaners and households can make agreements about the domestic work to be carried out. The cleaner determines the hourly rate himself. Helpling has set a minimum and a maximum, whereby the minimum is the legal minimum wage and the maximum can be increased manually at the request of a cleaner. Helpling uses a user-manual that contains the rules for the use of the platform. Who is offered the job is determined by the customer. Once a job has been accepted, a cleaner can, in principle, no longer cancel it. After the planned appointment has taken place, Helpling sends a message to the cleaner, in which the cleaner can indicate whether the work has been carried out as planned (or whether more or fewer hours have been worked, for example) and - if the cleaner agrees - Helpling draws up an invoice in the name of the cleaner for the work carried out, which is then sent by the cleaner to the client. The agreement between Helpling and the cleaner is referred to by Helpling as the User Agreement. This agreement itself has not been laid down in writing. The agreements or provisions relevant to the execution of the agreement are laid down in the general terms and conditions applicable between Helpling and the cleaner and between Helpling and the customer. Helpling has stipulated a penalty of €500 in the event that working arrangements are made with a customer without informing Helpling of this. The claimant has reported sick to Helpling and obtained information from Helpling about possible continuation of payment of wages in the event of illness. Helpling informed her that there was no question of an employment contract and that the Regulation on domestic services applies. The FNV has sent Helpling a letter stating that there is a contract of employment or a temporary employment contract between Helpling and the cleaners, and that Helpling must therefore apply the cleaners' CAO.
Legal question: Is there an employment contract between Helpling and persons who carry out cleaning work via the online platform, as a result of which Helpling has to apply the cleaning collective agreement?
Ruling: Helpling mediates between cleaners and customers with the aim of establishing an employment contract between cleaner and customer. Helpling's activities are mediation activities within the meaning of the Waadi and Helpling acts in breach of Section 3 subsection 1 of the Waadi by asking jobseekers for financial compensation for the mediation activities.
> June 30, 2020: change in claim accepted (ECLI:NL:GHAMS:2020:1680)