In 2019, the Amsterdam District Court already reached the same verdict.
Deliveroo appealed against that judgment, and will probably also appeal in cassation, lawyer Pascal Besselink expects from legal service provider DAS. “The only question is whether the UWV, the pension fund and the tax authorities will wait and see or will soon be knocking on the door of the meal deliverer.”
Deliveroo decided in 2018 not to renew the expiring contracts of delivery drivers. Instead, they could work as an independent entrepreneur for the meal deliverer. However, according to FNV, there was still a great deal of dependence on Deliveroo and the earnings of the deliverers have been decreasing.
The court decision allows meal deliverers to claim an employment contract with Deliveroo, which applies retroactively.
Continued payment in case of illness
“With an employment contract, the meal deliverers are entitled to the collective labor agreement wage, continued payment in the event of illness and the time they have to wait at a restaurant is also paid,” says FNV director Zakaria Boufangacha. According to a spokeswoman for the union, this could amount to thousands of euros in back wages per employee.
The judge ruled in another case that Deliveroo falls under the collective labor agreement for professional goods transport. The company must therefore apply that collective labor agreement retroactively. The meal deliverer has also appealed against this decision. The hearing is in April.
Deliveroo did not yet have an immediate response to the ruling. Uber Eats works on the same model. At Thuisbezorgd, deliverers are employed.
The most important financial news every morning.
Invalid email address. Please fill in again.