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Netherlands

FNV / Helpling – Amsterdam Court of Appeal, 21.09.2021 ECLI:NL:HR:2023:887

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The Amsterdam Court of Appeal held that cleaners working for private households through Helpling had temporary-agency employment contracts with Helpling under Article 7:690 BW. Helpling exercised formal authority by establishing the contractual framework, controlling the payment process and organising access to the platform. The households exercised practical supervision and direction over the cleaning work. The judgment reversed the District Court’s conclusion that the households were the cleaners’ employers. In 2025, the Supreme Court allowed the temporary-agency classification to stand.

1. Background and Appeal

Helpling operated an online platform connecting private households with cleaners. Households selected cleaners through the platform, while cleaners indicated their availability and set an hourly rate within the permitted range.

Helpling established the platform’s general terms, facilitated the contractual relationship and required payments to be processed through a payment service selected by Helpling.

In 2019, the Amsterdam District Court held that the household was the cleaner’s employer and that Helpling acted only as an employment intermediary. FNV and an individual cleaner appealed this classification.

Toelichting

The Court of Appeal had to reconsider who the cleaners’ legal employer was: the private household receiving the cleaning services or Helpling, which created and operated the platform structure.

2. Division of Authority

The households selected the cleaners and provided instructions concerning the cleaning work. Helpling generally had no direct view of how, when or in what manner the work was performed inside the home.

However, Helpling determined important formal conditions. It established the general terms, organised bookings and replacements, prescribed the payment process and controlled continued access to the platform.

Toelichting

Authority was divided between two parties. The household directed the actual cleaning, while Helpling controlled the system through which the cleaner obtained, administered and received payment for the work.

3. Work, Remuneration and Labour Supply

The cleaners personally performed paid work for the households. Payments were required to pass through a payment system selected by Helpling, allowing it to process the cleaner’s remuneration and collect its commission.

Helpling made cleaners available to households as part of its business. The household requested and received the cleaning work and acted as the hirer exercising supervision and direction.

The Court considered that a private household could qualify as a hirer under Article 7:690 BW. The provision does not require the hirer to operate a business.

Toelichting

Temporary-agency work does not have to involve a commercial client. A private household can also hire a worker supplied by an employment agency.

Tijdlijn

Geldig vanaf—
Geldig totDoorlopend

Amsterdam District Court judgment

Gepland:—
Werkelijk:—
NotitieThe household is treated as the cleaner’s employer, while Helpling is classified as an employment intermediary. ECLI:NL:RBAMS:2019:4546.

Amsterdam Court of Appeal judgment

Gepland:—
Werkelijk:—
NotitieThe earlier classification is reversed, and the cleaners are held to have temporary-agency agreements with Helpling. ECLI:NL:GHAMS:2021:2741.

Supreme Court final judgment

Gepland:—
Werkelijk:—
NotitieThe temporary-agency classification remains in place. ECLI:NL:HR:2025:543.

Bronnen

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YoungOnes Workers at H&M – Netherlands Labour Authority, 2024

The Netherlands Labour Authority investigated retail workers who performed assignments at H&M through the YoungOnes platform under contracts describing them as independent contractors. According to FNV’s publication of the findings, the Authority concluded that the workers were not genuinely self-employed. H&M supervised and directed their work, while YoungOnes organised the contractual and administrative structure through which they were supplied to H&M. The relationship therefore displayed the characteristics of temporary-agency employment under Article 7:690 BW. YoungOnes disputed the assessment, arguing that workers could choose assignments, work for different clients and bear entrepreneurial risk. The Authority’s assessment is an administrative enforcement finding and should not be presented as a judicial ruling.

Netherlands

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Netherlands

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Waadi – Allocation of Workers by Intermediaries

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