ECLI:NL:GHAMS:2021:2741
Ruling on September 21, 2021
Authority: Court of Appeal Amsterdam
Parties: Federatie Nederlandse Vakbeweging (FNV) / Helpling B.V.
Subject: Employment status between parties
Summary of facts: Helpling operates an online platform where cleaners and households can make arrangements with respect to household work that needs to be performed. The cleaners determine the hourly rate themselves, but Helpling sets a minimum and maximum rate. After a household offers a cleaning job, it receives a selection and ranking of cleaners after which it determines who will be offered the job. If a cleaner accepts the assignment, the appointment can only be rescheduled in consultation with the household. Cancellation is not possible. After the booking is completed, Helpling automatically prepares an invoice on behalf of the cleaner. Helpling receives a financial contribution from the cleaner for the job.
Legal question: Does an employment contract or an agency work employment contract exists between Helpling and its cleaners and does the collective labour agreement for cleaning work apply as a result?
Considerations: The court ruled that an agency work employment contract exists between Helpling and its cleaners. The work is carried out under the direction and supervision of the household. But Helpling exercises an important part of the formal authority by determining the method of payment of the wages. Because Helpling does not check on the quality of the work performed, it is not a cleaning company as defined in the collective labour agreement. The collective labour agreement for cleaning work is therefore not applicable.
Ruling: An agency work employment contract exists between Helpling and its cleaners. The collective labour agreement for cleaning work is therefore not applicable.