Amsterdam Court of Appeal: Deliveroo delivery drivers have an employment contract

In a ruling of February 16, 2021, the Amsterdam Court of Appeal ruled that Deliveroo’s meal delivery drivers are not self-employed but have an employment contract.

In 2018, Deliveroo decided not to extend the employment contracts with delivery drivers. All delivery drivers had to become self-employed. The FNV stood up forthem and already started legal proceedings in 2018. The FNV was then proven right, but Deliveroo appealed.

The Court of Appeal was of the opinion that Deliveroo has an employment contract with the delivery drivers because there is an authority relationship. Thesystem used by Deliveroo allows the delivery drivers to be monitored, and theyhave little freedom in performing their work. After receiving an orderto deliver a meal, they must do so within 30 minutes. Theamount of the hourly wage also plays a role. With a wage of EUR 11 to EUR 13 per hour, delivery drivers have too few opportunities to make provisions for illness or unemployment.

All delivery drivers can now claim an employment contract, which means that all hours (including waiting times at restaurants) are paid according to the collective labor agreement for professional freight transport. The salary is also paid during illness. Moreover, this applies retroactively. Because wages can be claimed up to 5 years back, this will be an expensive joke for Deliveroo.

Uber Eats also works with self-employment agreements. We already see the next lawsuit coming….