While some things point to a contractual relationship between the cleaners and the consumers where they clean, there are more things that point to a contract between cleaners and Helpling. That is even more important, according to the court.
Because cleaners work structurally for consumers and they receive their instructions from consumers and not from Helpling, this is not an ordinary employment contract, but a temporary employment contract, according to the Court of Appeal.
Continued payment in the event of illness and transition payment
The consequences are serious, because the ruling means, among other things, that if cleaners who work through Helpling are ill, they must continue to be paid. They are also entitled to a transition payment if they are dismissed.
But they do not have to be paid according to the cleaning collective agreement.
Lower court ruling overturned
Helpling is an app that allows you to hire cleaners. Helpling sees the cleaners as independent entrepreneurs, but the FNV did not agree.
The decision of the Court of Appeal contradicts a decision of a lower court. More than two years ago, the Amsterdam court ruled that cleaners who work through Helpling do not have to be treated as temporary workers, but that ruling has now been reversed.
Another victory for FNV
FNV has been engaged in a legal battle against companies in the so-called platform economy for some time, i.e. apps that arrange jobs for freelancers.
Last week, the union won a victory over the taxi app Uber, which according to the judge must hire drivers.