Clifford Chance

Employment relationships in Europe's gig economy: A European overview

2 August 2018

On 23 July 2018, the Amsterdam Subdistrict Court ruled that the employment relationship of a delivery driver of the meal delivery company Deliveroo did not qualify as an employment agreement. This case was the first in the Netherlands that involved a worker in the gig economy, in which enrolling for work can be done through apps or other online based platforms, typically in the form of a short-term contract or services agreement. 

The qualification of employment relationships in the gig economy sparked a lively debate, as it can be argued that some of these employment relationships have the characteristics of (more) permanent jobs. As permanent jobs entitle workers to certain rights (such as a right to a minimum wage or protection from working excessive hours), differences of opinion on the qualification of employment relationships in the gig economy led to court cases in various jurisdictions in the European Union. This newsletter highlights a number of such court cases, which took place in November 2017 up to and including the recent judgement of the Amsterdam Subdistrict Court, mentioned above.

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