According to the Dutch Supreme Court, the question of whether someone qualifies as an employee still depends on a holistic weighing of all circumstances of the working relationship, as well as the worker’s social standing. The freedom of Deliveroo delivery drivers: to sign up if and when they want; to refuse orders; and to find a suitable replacement does in itself not prevent an employment contract from coming into existence.
This ruling fits the broader social debate and the direction that the government has taken to combat false self-employment by making it less attractive. For example, tax changes and mandatory insurances for incapacity to work are anticipated. Furthermore, the Dutch Ministry of Social Affairs is considering to delineate the difference between employees and self-employed workers more sharply, with, inter alia, ''embedding in the organisation'' as one of the leading criteria, i.e., that the activities performed are part of the ordinary business operations or core activities of the employment provider. Under the new legislation (to prevent false self-employment), it is still possible to work as a self-employed worker, provided that this is a genuine entrepreneur.
The ruling and the potential upcoming legislative changes may have implications for your organisation. Therefore, this may be a good reason to review and reconsider any relationships with self-employed persons carefully.
If you would like to know more about our services or have questions, please do not hesitate to contact the Amsterdam Employment Team.
Authored by Maria Benbrahim, Anita de Jong, Imane Azdad, Daan Koenrades and Famke Rothstegge.
