Cleaners who work via the online platform Helpling are temporary workers. The Amsterdam Court of Appeal has decided this on appeal today.
This means, among other things, that the cleaners are entitled to continued payment of wages if they are ill. If they are dismissed, they are entitled to a transition payment.
But they do not have to be paid by the court according to the cleaning collective agreement. Households that hire the cleaners are the so-called ‘hirer’ who give the instructions. The wage is determined by the cleaner and the household, and only partly by Helpling. There is therefore no question of an employment contract, but a temporary employment contract.
Helpling is an app that allows a cleaner to be hired. The cleaners were employed as freelancers. The case was brought by the trade union FNV, in collaboration with a cleaner. According to FNV, there was a sham construction, because according to the union Helpling is an employer and not just an online platform.
Other subdistrict court judge
The case had a different outcome before the subdistrict court in 2019. FNV wanted the Helpling cleaners to be hired, because there would be an employment relationship. The district court did not agree.
At the time, Helpling charged the cleaners between 23 and 32 percent commission for mediating between the households and the cleaners. According to the sub-district court, however, there was no question of employment mediation and no compensation could be requested.
Both parties appealed against this ruling and the verdict was therefore today. Neither FNV nor Helpling could be reached for comment.
Uber and Deliveroo
FNV has been involved in lawsuits against so-called platform economy companies for several years. These are tech companies that offer certain services with apps. They often employ their people as freelancers.
According to the union, too little has been legally arranged for this group from the government and there are allegedly sham constructions.
Earlier this month, FNV won a major lawsuit against taxi app Uber. The court has ordered Uber to hire the drivers immediately. At the beginning of this year, the union won an appeal against meal delivery company Deliveroo. The verdict is slightly different there: couriers may be employed on a permanent basis, but they must ask for it themselves.
Court: Helpling cleaners are temporary workers | NOS
Source link Court: Helpling cleaners are temporary workers | NOS