Date
27 May 2025

Tag

Active

Country
Luxembourg Luxembourg
Geographical scope
National
Type
  • Type

    Employment contract

    Legal
View Court ruling

Description

The courier of a major food delivery platform in Luxembourg remains self-employed, following the Luxembourg's first court ruling on the employment status of platform workers.

After examining the circumstances of the parties' working relationship, the Luxembourg Labour Court rejected the request of a former courier to be reclassified as an employee, citing the absence of "legal subordination", a central criterion for determining employment status under Luxembourg law. The court's decision was influenced by several factors, including:

  • The courier's autonomy to manage their own schedule and choose their working hours;

  • The freedom to accept or decline assignments proposed by the platform, allowing them to control their workload;

  • The ability to work for other platforms or clients without needing prior approval from the original platform;

  • The fact that the courier used their own equipment (e.g., bike or phone) and bore their own expenses.

As the court ruled against reclassification, the couriers other demands, which included payment of back pay, paid leave or severance pay, were also rejected.


Additional metadata

Keywords
autonomy and control, algorithmic management, working conditions, employment status
Actors
Platform, Individual worker, Employee organisation, Court
Sector
Accommodation and food service activities

Sources

Citation

Eurofound (2025), Platform wins in Luxembourg's first court ruling on the employment status of platform workers (Court ruling), Record number 4504, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/platform-wins-in-luxembourgs-first-court-ruling-on-the-employment-status-of-platform-workers-110253.