Deliveroo's delivery drivers do not want to work under a collective agreement at all. The meal delivery service says so in a response to the subdistrict court's ruling. Deliveroo plans to appeal the ruling.
FNV dragged Deliveroo to court for allegedly working illegally with self-employed delivery workers since 2018. The Amsterdam District Court ruled in FNV' s favour on Tuesday, saying that the relationship between Deliveroo and delivery drivers had not substantially changed with the introduction of the new form of contract. "What is important here is, among other things, that the partner agreement is a standard contract, which was drawn up completely and unilaterally by Deliveroo and is not negotiable," the judgement read.
According to the court, the delivery of meals falls under the collective labour agreement for professional freight transport. Deliveroo must now comply with the collective labour agreement retroactively.
'Ruling takes away freedom of delivery drivers'
Commenting on the ruling, Deliveroo says: "If delivery drivers can no longer be self-employed, this would take away the freedom they now have and value, to work where and when they want." It cites that courts and regulators in the UK, Ireland, Germany and France have previously ruled that Deliveroo delivery drivers are self-employed.
The company says Tuesday's ruling did not take into account how delivery workers work in practice. "The FNV has not found a single delivery driver to support this case, because delivery drivers choose precisely the flexibility of self-employment."
Deliverers can refuse work though
One of the judge's arguments was that, in practice, delivery drivers cannot refuse orders because they are 'punished' for doing so, so to speak. "That requirement does not exist and deliverymen are free to refuse orders at any time. In fact, 40 per cent of all orders are rejected at least once by delivery staff, delivery staff are not affected by this. Also, practice shows that 94.9 per cent of delivery drivers have refused at least one order while working."
Adaptation of the law
Deliveroo is arguing for an amendment to the law, which should allow delivery drivers to have both fexibility and security, rather than a forced choice.
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