Description
On 21 February 2025, the Dutch Supreme Court ruled on how to determine employee status. The court clarified that there is no hierarchy among the factors relevant in determining if there is an employment agreement.
In the ruling, the court specifically examined the 'entrepreneurship' factor, i.e. factors indicating self-employment, clarifying that this factor must be considered as a full element, as significant as other factors, when assessing the employment status of a worker. The ruling further clarified that the assessment should look at both internal and external entrepreneurial factors. Internal factors exist within the working relationship and include financial risk and independence in setting working hours. External entrepreneurship refers to factors outside of the working relationship, such as business registrations and having multiple clients. The result of this ruling is that two workers that perform the same work may have different employment statuses, depending on their level of 'entrepreneurship'.
The ruling arose from a case on the application of the Taxi Transport Collective Labour Agreement (CAO Taxivervoer) involving Uber, a group of drivers and the FNV trade union. The trade union had argued that Uber should comply with the agreement, while Uber had argued that the agreement can not be applied as the workers are self-employed. In this context, the Court of Appeal requested for the Supreme Court to clarify which factors should be considered during the assessment of 'entrepreneurship'.
The ruling builds on the Supreme Court's Deliveroo judgement from 24 March 2023, which outlined a framework and relevant factors for determining whether an employment contract exists.
- Keywords
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employment status
- Actors
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Platform,
Individual worker,
Employee organisation,
Court
- Sector
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Transportation and storage
- Platforms
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Uber
Sources
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On 24 March 2023, in a landmark ruling, the Dutch Supreme Court upheld a ruling by the Court of Appeal that Deliveroo riders were legally employees, not independent contractors. The …