As of July 1, 2018, delivery service Deliveroo decided that delivery drivers were no longer employed as employees, but on the basis of a contract of assignment. FNV started proceedings against Deliveroo because of this policy. In these proceedings, the FNV requested the court in first instance to rule that the delivery drivers should be regarded as 'employees'. The court in first instance ruled in favour of the FNV. Deliveroo disagreed, as a result of which the case was heard again on appeal.
In these proceedings, the court of appeal Amsterdam again considered all the circumstances and ultimately concluded that there was indeed an employment contract. The Deliveroo deliveryman met the 'normal' criteria required in an employment contract: work, at the service of the employer, receiving payment for the work and performing work for an x-amount of hours per week. In addition, a number of additional circumstances were invoked. For example, Deliveroo's delivery drivers were partially reimbursed for their wages if they were incapacitated for a certain period of time. Moreover, Deliveroo offered free liability insurance for its delivery drivers. All circumstances did not point to entrepreneurship, but to an employment contract, the court ruled.
The only circumstance that unambiguously pointed to a commission contract, according to the court of appeal, was the freedom for the delivery driver to work when he felt like it.
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