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/Employment status analysis
To what extent could self-employed couriers working for a food-delivery platform in the Netherlands qualify as employees under Dutch law?
The assessment starts with Article 7:610 of the Dutch Civil Code. The relevant elements are work, remuneration and authority, considered in light of how the relationship operates in practice.11Article 7:610 Dutch Civil CodeLegislation · employment agreementThe employment agreement is the agreement under which one party undertakes to perform work in the service of another party for remuneration during a certain period.Open source
The contractual label is relevant but does not decide the question on its own. Dutch courts assess the parties’ rights and obligations together with the way the work is performed in practice.22HR 24 March 2023 (Deliveroo)Case law · ECLI:NL:HR:2023:443Whether an agreement qualifies as an employment contract depends on all the circumstances of the case taken together, including the embedding of the work in the organisation.Open source
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1Bind Representatives to equivalent dutiesPending
2Duration below the preferred termPending
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