Moreover, Deliveroo always pays out biweekly, which is similar to an employment contract. In addition, the Court of Appeals included in its assessment that Deliveroo always determines the amount of the wages – a fixed amount per order – unilaterally. This means that the ‘pay’ requirement has been met.
Court appeal deliveroo deliveroosheadcnbc drivers#
The Court of Appeals considered that Deliveroo pays its delivery drivers for the work they perform.
However, these freedoms do not lead to the conclusion that there is no employment contract. They can also be replaced by someone else and delivery drivers are free to work for a competing company. For example, delivery drivers can decide for themselves when they will work or whether or not they accept the assignment.
However, there was discussion about the freedom that delivery drivers have to accept or not accept an assignment. That the delivery drivers perform work was not in dispute. The intention of the parties does not play a role in the question of whether the contract should be regarded as an employment contract. In assessing the elements, all circumstances of the case are relevant. The Court of Appeals confirmed that the core elements of an employment contract are met: performance of work, pay and a relationship of authority. With an employment contract, the delivery workers are, for example, entitled to continued payments of their salary/wage in the event of illness. The Court of Appeals in Amsterdam issued a long-awaited ruling: the delivery workers of Deliveroo are employees and work on the basis of an employment contract, instead of on the basis of a contract of services.
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