FNV also wins appeal against Deliveroo
Meal deliverers at Deliveroo are not self-employed. They are entitled to an employment contract. That was the judgment on appeal today in the case that the FNV had filed against Deliveroo in 2018. In 2019, the court in Amsterdam already reached the same verdict.
Zakaria Boufangacha, board member FNV: 'We are happy with the statement, and rightly so. Now let's stop this sham of Deliveroo. The meal deliverers were employed by Deliveroo until 2018, but the company stopped doing so. Anyone who still wanted to work for Deliveroo had to become a self-employed person. The statement is as clear as can be and confirms the earlier statement. '
As a rider for Deliveroo you are entitled to an employment contract and supplementary payment. Want to know how to go about this and how much you still get from Deliveroo? Contact us>
Judge is clear
In November, the Supreme Court ruled that a paper agreement is not important, but that practice should be looked at. The Court of Appeal in Amsterdam has also done so and has come to the conclusion that all other elements, including the method of payment of wages, the authority exercised, the certain period of time (with legal presumption), as well as the other circumstances mentioned, point more to the presence of an employment contract than on the absence thereof.
The court also considered that, in view of the level of income (€ 11.00 to € 13.00 per hour), it is not quite possible to make adequate provisions in the event of incapacity for work and unemployment. It is precisely this group that therefore has a greater need for the agreement to be classified as an employment contract, since labor law does grant them those provisions.
Claim employment contract
The court decision allows meal deliverers to claim an employment contract with Deliveroo. Boufangacha: 'Meal deliverers can report to us. With an employment contract, the meal deliverers are entitled to the collective labor agreement wages, continued payment in the event of illness and the time they have to wait at a restaurant is also paid. '
As a rider for Deliveroo you are entitled to an employment contract and supplementary payment. Want to know how to go about this and how much you still get from Deliveroo? Contact us>
Politics systematically looks away
The FNV has been fighting for years against the use of bogus self-employed people by platforms such as Deliveroo, Helpling, Temper and Uber. Boufangacha: 'The entire meal delivery sector is under pressure because the DBA law tackling bogus self-employment has not been enforced by the government for 5 years. Politicians lack decisiveness to this end. We have constantly pointed out this wrongdoing that actually puts the ax at the root of the constitutional state. Deliveroo got away with it so far and the consequences were for the workers. '
Meal deliverers suffer
Debbie worked for Deliveroo for years: 'Deliveroo has a much stronger position of power than the meal delivery companies. They have unilaterally changed the order system, allow more meal deliverers and thus deliberately play meal deliverers against each other. It is very important to me and the other meal deliverers that this ruling is now in place, because with this we can claim our rights: a fair wage, a safety net and a secure existence. '
Social damage
The social damage is also great because no social contributions and less tax are paid. Last year, the FNV calculated that society is missing out on an amount of 32 million euros a year. Deliveroo, on the other hand, saves around 54 million euros per year on labor costs.
Second case
There is a second appeal against Deliveroo, the hearing is April 14. This concerns the application of the collective labor agreement for professional goods transport. In 2019, the FNV was also right on this point and the judge ruled that Deliveroo meal deliverers are covered by that collective labor agreement.