Deliveroo to pay back their (ex-)delivery riders in the Netherlands
A major setback for deliveryservice Deliveroo with potentially positive consequences for deliveroo riders in the Netherlands. The judge ruled, in a decision of the 21st of December 2021, that Deliveroo has been underpaying their riders in the Netherlands.
Deliveroo should have been saving up their delivery riders’ pension contributions since 2015. Additionally, the judge concluded that the Deliveroo-delivery riders’ wages over the years were substandard. As a result of the decision, riders can now claim back the wages and benefits which they have missed out on.
Freelancer or employee?
Early 2021 the court decided that delivery riders working for Deliveroo are not seen as ‘freelancers’, but rather as ‘employees’. This matters, because an employee enjoys a lot more benefits in terms of employment conditions, insurances and in case of employment termination.
Employees are in most cases grouped under the Dutch collective labour agreement (CAO). The CAO sets the standard for minimum wage. Also, the difference in hourly wage for a normal employee (e.g. someone who is protected by the particular CAO for transportation and logistics in the Netherlands) and a freelance delivery driver working for Deliveroo is noteworthy to say the least. An employee earns €13,99 per hour after taxes, whereas a freelance worker for Deliveroo only earns €9,99 per hour after taxes. That’s a difference of 28,6 percent!
What does the judge make of this?
As mentioned above, the judge’s verdict on the 21 December determined that Deliveroo riders are indeed ‘employees’. For Deliveroo itself it has always been profitable to label their riders as freelance workers. This way, Deliveroo was able to pay out a lower wage to their riders, whilst also not providing their riders with insurance, nor saving up their pension contributions. However, in reality the Deliveroo freelancers are, according to the judge’s verdict, treated exactly the same as ‘normal’ employees, having them under constant supervision by Deliveroo, impeding their professional independence. It is now up to the delivery riders themselves to claim what they are legally entitled to.
What can HelloLaw do for you?
Have you worked for Deliveroo in the Netherlands as a delivery driver between 21 September 2015 and now? In that case, it is very likely that Deliveroo still owes you money. HelloLaw can help you claim what you are owed. You can provide us with your details on www.deliverooclaim.nl and we will be sure to contact you in the near future. You can also reach us by calling us on 088 14 11 011 (local rate) or by messaging us through Whatsapp on +31 85 001 2656. Someone from our legal team will help you and answer any possible questions.
Written by Robbert van de Ven
Published by Nadia Nottet