Many young people work as couriers for platforms. Often the contract says that you’re self-employed But in practice it feels like a regular job: fixed shifts, instructions via an app and little freedom.
The question then is: are you really self-employed, or actually an employee?
That difference is important. Because if there is false self-employment, you have far more rights than you think.
What is false self-employment?
False self-employment means that on paper you work as a self-employed person but in reality as an employee you are treated.
The name of the contract is not decisive. It is about how work is actually done.
How does one determine whether you are an employee?
Multiple factors are considered, such as:
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do you have to personally do the work?
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do you receive instructions over how and when you work?
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do you use the app, clothing or materials from the platform?
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do you bear entrepreneurial risk, or not?
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can you have yourself freely replaced?
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do you set your own rate?
The more you resemble a regular employee, the greater the chance that there is false self-employment.
Common signs among couriers
Among young people we often see:
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fixed time slots or shifts
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mandatory acceptance of trips
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rating systems with sanctions
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instructions on routes and behavior
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little to no room for negotiating rates
👉 This often points not to genuine self-employment.
Why is this so important?
If you are actually an employee, you may be entitled to:
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minimum wage
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sick pay
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holiday pay
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protection against dismissal
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compensation upon dismissal
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insurance for workplace accidents
Many young people miss out on these rights because they think that “self-employed = no protection” is automatically true.
What if you have an accident as a delivery worker?
This point is crucial.
Are you misclassified as self-employed and get injured while delivering?
Then:
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the platform may be liable
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an insurance policy may apply
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personal injury damages may be compensated
As a genuine self-employed worker, that’s often different. The classification of your employment relationship therefore makes a big difference.
Can you do anything about this?
Yes. Options include:
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have it determined that you an employee are
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claim wages or compensation
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enforce protection against termination
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claim compensation after accidents
That doesn’t have to lead to a lawsuit right away, but do have your position assessed.
What should you do as a courier?
Use this step-by-step plan:
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Review your contract and how you work
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Collect evidence (app-screenshots, instructions, schedules)
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Check whether you are really free as a ‘zzp’er
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Do not simply agree to termination
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Have a legal review to determine whether there is false self-employment
Especially among young people, this is often overlooked too easily.
Common mistakes by young people
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thinking that the contract determines everything
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not keeping evidence
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not daring to ask questions
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assuming that platforms are always right
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only taking action after an accident
That’s a shame. Often you are stronger than you think.
Are you unsure whether you are truly self-employed?
Do you work as:
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delivery worker
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platform worker
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gig worker through an app
and do you doubt whether you really are independent?
Then just have your situation checked. In many cases it turns out that:
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there is bogus self-employment
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you have more rights
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the platform goes too far
👉 Feel free to get in touch to have your situation assessed.
Legal Consequences of Bogus Self-Employment in the Netherlands
In the Netherlands, if you are identified as a false self-employed worker (also known as a ‘schijnzelfstandige’), you are entitled to the same rights and protections as a regular employee. This includes:
- Minimum wage: You should receive at least the Dutch minimum wage, regardless of what your contract states.
- Paid holidays and sick leave: You have the right to paid vacation days and sick leave benefits.
- Social security benefits: You become eligible for social security schemes such as unemployment benefits (WW) and disability benefits (WIA).
- Termination protections: Employers must follow proper procedures for dismissal, including notice periods and severance pay.
- Tax and insurance contributions: Employers are responsible for paying income tax withholding and social insurance contributions for employees.
Practical Advice for Workers Suspecting False Self-Employment
If you suspect that you are falsely classified as self-employed, here are some practical steps you can take:
- Keep records: Document your working hours, instructions received, and communication with the platform or employer. This evidence can support your case.
- Understand your contract: Review the terms carefully but remember that the actual working relationship is more important than the contract’s label.
- Seek legal advice: Consult with a lawyer specializing in employment law to assess your situation and understand your rights.
- Contact the Dutch Tax Authorities (Belastingdienst): They investigate bogus self-employment cases and can reclassify your employment status.
- Engage with the trade unions: Some unions offer support and guidance for platform workers and freelancers facing misclassification.
Recent Developments and Court Rulings
Dutch courts have increasingly ruled in favor of workers in bogus self-employment cases. For example, several court decisions have confirmed that couriers working under strict app control and lacking entrepreneurial freedom should be recognized as employees. These rulings set important precedents, encouraging platforms to reconsider their contracting models.
Moreover, the Dutch government has introduced measures aimed at combating false self-employment, including stricter enforcement and clearer guidelines for companies using freelancers or platform workers. Staying informed about these changes is crucial for both workers and businesses.
Conclusion
False self-employment can significantly affect your rights and financial security. If you feel like you are more of an employee than a freelancer, it’s essential to understand the legal implications and assert your rights. At Arslan & Arslan Advocaten, we specialize in employment law and are here to help you navigate these complex issues. Contact us today for expert advice and tailored legal support to protect your rights.
Frequently Asked Questions
Am I really self-employed if I work as a courier for a platform?
Not necessarily. If your work resembles that of an employee, with fixed shifts, instructions, and little freedom, you might be misclassified as self-employed. The actual way work is done determines your status, not the contract label.
What are the signs that suggest I am a false self-employed courier?
Signs include fixed time slots, mandatory acceptance of trips, instructions on routes, little room to negotiate rates, and rating systems with sanctions. These indicate a relationship more like employment than genuine self-employment.
What rights do I have if I am wrongly classified as self-employed?
If you are actually an employee, you could be entitled to minimum wage, sick pay, holiday pay, protection against dismissal, and workplace accident insurance. Misclassification can mean you miss out on these important protections.
What steps can I take if I suspect I am misclassified as a courier?
You should review your contract and work practices, collect evidence like app screenshots and schedules, and seek a legal assessment to determine if you are indeed an employee. This can help you claim your rights or seek appropriate compensation.