The Netherlands

On behalf of the team

On 16 February 2021, a ruling was rendered for the first time on appeal on the legal relationship between Dutch food delivery platform Deliveroo and its delivery persons.[1] The Court of Appeal, like the Subdistrict Court at first instance, decided that the delivery persons should not be considered self-employed but employees. With the exception of the freedom to perform work, all elements and circumstances point towards the existence of an employment agreement, according to the Court of Appeal. Deliveroo has filed an appeal in cassation against this decision.

[1] Amsterdam Court of Appeal 16 February 2021, ECLI:NL:GHAMS:2021:392.