Description
The Amsterdam Court of Appeal has ruled that cleaners working through the online platform Helpling should be legally classified as temporary workers. This decision means that they are entitled to rights such as continued wage payment during illness and transition payments if dismissed.
This ruling came after the FNV trade union and a cleaning lady working through Helpling challenged an earlier decision by the Subdistrict Court, according to which there was not an employment relationship between the platform and the cleaner but an agreement between the cleaner and the household. The Court also established that the cleaner should not have to pay the fees to the platform, so both parties (cleaner and platform) appealed to the decision.
The Court of Appeal based its judgement on the following elements:
There are also circumstances that would fit in with a contract between the household and the cleaner, such as the household selecting the cleaner, but those circumstances weigh less heavily for the Court of Appeal.
1) Payment: the household must pay via a payment platform determined by Helpling;
2) Substitutability: in the event of illness of the cleaner, the household can get another cleaner and the household can change cleaners via Helpling.
There were also elements that would indicate a contractual relationship between the household and the cleaner, as selecting and instructing the cleaner. For this reason, the Court determined the relationship between the cleaner and the platform to be a temporary employment contract rather than a traditional employment contract, as households (not Helpling) give the work instructions and set wages.
The court recognised Helpling as a temporary employment agency, making the households the cleaners' hirers, with no direct employment contract between the cleaners and the households.
The FNV welcomed the ruling but urged stronger political action to protect gig economy workers. Helpling stated that it is reviewing the decision.
- Keywords
-
industrial action,
employment status
- Actors
-
Platform,
Employee organisation
- Sector
-
Activities of households as employers
- Platforms
-
Helpling
Sources