FNV makes its way to court in conflict with Deliveroo. The meal delivery service allegedly works with bogus self-employed workers and therefore does not abide by the collective agreement.
Last Friday, Deliveroo delivery drivers handed a subpoena to the management of the company, which has been refusing to employ delivery drivers since this year. Since then, Deliveroo has only worked with delivery drivers who register as self-employed.
FNV calls this construction illegal, because in its view the delivery workers are not entrepreneurs. Some 15 deliverymen have united in the 'Riders Union'. Together with the union, they are fighting for a collective labour agreement.
Accident and liability insurance
Earlier this year, Deliveroo hoped to calm tempers by insuring its couriers against accidents and liability after all. That measure was not enough for FNV and some of the delivery workers.
"What self-employed person do you know who gets insurance from his client? Deliveroo itself knows that what they are doing is wrong, otherwise they wouldn't be handing out insurance. That was just a publicity stunt. These people should get a collective bargaining agreement," Willem Dijkhuizen, director FNV Transport & Logistiek, told the Parool.
Deliveroo: 'Deliverers want flexibility
Speaking to the Financieel Dagblad, Deliveroo claims to be surprised by the move. The company believes it is offering delivery drivers a 'secondary job on a self-employed basis'. Deliverers would actually appreciate the self-employment because of the flexibility. "We want to offer them security as well as flexibility, which is why they get comprehensive insurance for free. We are happy to work with trade unions and government to end the trade-off between flexibility and security."
'Court case will be tough for FNV
The FD quotes Amsterdam professor of labour law Jaap van Slooten, who expects that the FNV will have a tough time in the court case against Deliveroo. Dutch judges are said to be very reluctant to establish false self-employment.
Van Slooten emphasises that the delivery workers are working as self-employed workers of their own free will. He told the newspaper: "When two parties agree on something, you have to be a good third party to argue that it should be different. Judges do take personal intent into account."
