Deliveroo is bound by the collective agreement (CAO) and must pay pension premiums for delivery workers Amsterdam, 21 December 2021 The Amsterdam Court of Appe

Deliveroo is bound by the collective agreement (CAO) and must pay pension premiums for delivery workers Amsterdam, 21 December 2021 The Amsterdam Court of Appeal has ruled in 2 judgments that Deliveroo is subject to the CAO and is considered a participant in the professional transport pension fund. Earlier this year, the Court of Appeal already ruled that the delivery drivers at Deliveroo work on the basis of an employment contract (ECLI:NL:GHAMS:2021:392). The 2 new rulings mean, among other things, that Deliveroo must apply the CAO with retroactive effect from 2015 to delivery drivers who worked for it and must pay pension premiums. Collective Labour Agreement and Mandatory Pension Fund The case revolves around the interpretation of the scope of the provisions of the CAO and the Decree Mandatory Pension Fund for Professional Transport, respectively. This interpretation is based on the standards developed by the Supreme Court. Delivery/transport is core activity According to the Court of Appeal, Deliveroo's core business is delivering meals. The fact that Deliveroo has far fewer office staff than deliverers, that a significant proportion of Deliveroo's operating costs are related to the delivery activity and that the agreements with the affiliated restaurants in most cases include a commission for delivering the meals play a role in this. The agreement with the delivery companies includes the fact that they are primarily engaged in the delivery - and therefore transportation - of meals. According to the Court of Appeal, it does not matter whether the transportation is done by car, scooter or bicycle. The conclusion is that Deliveroo is subject to the CAO for professional goods transport and is obliged to participate in the professional transport sector pension fund. Rulings of the subdistrict court are confirmed Earlier, in 2019, the Subdistrict Court in Amsterdam reached the same conclusion. Those rulings have now been upheld by the court of appeal. Translated with www.DeepL.com/Translator (free version) + a few edits