Couriers who work for the meal delivery company Deliveroo in the Netherlands are not self-employed, but employees.
The Amsterdam Court of Appeal ruled that on Tuesday.
With that Deliveroo also loses the case on appeal.
The court ruled that there is only self-employment, because the deliverers have great freedom to choose when they work.
All other circumstances, such as the payment of the salary and the authority exercised, indicate the existence of an employment contract, according to the court.
That is why the court decided that Deliveroo couriers are not self-employed, but employees.
As a result, according to the trade union FNV, which brought the case in 2018, they can claim an employment contract.
"This entitles them to the collective labor agreement wages, continued payment in the event of illness and their waiting time at restaurants is also paid", says FNV board member Zakaria Boufangacha.
In November, the Supreme Court reached the same conclusion, but Deliveroo appealed the decision.
The company was not yet able to respond to the ruling immediately.
FNV is satisfied with the decision: "The entire meal delivery sector is under pressure because the law that tackles bogus self-employment has not been enforced by the government for five years. Deliveroo got away with it so far and the consequences were for the workers."
The day before, FNV was already in the news with a similar case.
Temper, a company that helps self-employed people find work, was classified by the court as an employment agency.
As a result, the temporary workers fall under the collective labor agreement for temporary work.
See also: Inspectorate finds sham constructions at service provider Temper