In the Netherlands, labour law, as set out in formal legislation, is not codified into a single comprehensive Labour Law Code, nor is there a specialized labour court. The rules governing individual employment relationships are laid down in the Dutch Civil Code (DCC), including a definition of the employment contract. Collective agreements are part of the broader system of collective labour relations, regulated by the Act on Collective Agreements.
The determination of whether there is an employment contract should be based on the evaluation of all circumstances of the case. Trade unions have been active in bringing cases before the courts, particularly regarding platform work. As a result, in the meal delivery sector, platform workers are now as a default employed as workers with a clear status as employees, but who work on the basis of an employment contract with non-standard contractual terms.
The possibilities to extend the scope of a collective agreement to bogus self-employed and/or genuine solo self-employed, are not often used but are gaining significance. However, non-standard workers are more likely to work for employers avoiding collective bargaining or negotiating with non-representative unions.
Project
Commisioned by
- Horizon Europe