Employee or Freelancer? Bogus Self-Employment Among Delivery Drivers

·3 min read
Employee or Freelancer? Bogus Self-Employment Among Delivery Drivers

Working as a delivery driver classified as a freelancer? Learn when bogus self-employment applies and what rights you may actually have as an employee.

Many young people work as delivery for platforms. The contract often states that you are a self-employed person. But in practice it feels like a normal job: fixed shifts, instructions via an app and little freedom.
The question is: are you really self-employed, or actually an employee?

That difference is important. Because if there is false self-employment, you have many 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 you are treated as an employee.

The name of the contract is not decisive. It is about how actually work is done.


How does one determine whether you are an employee?

Several factors are taken into account, such as:

  • Do you have to personally do the work?

  • Do you receive instructions about how and when you work?

  • Do you use the app, clothing or materials from the platform?

  • Do you run entrepreneurial risk, or not?

  • Can you be replaced freely?

  • Do you determine your own rate?

The more you resemble an ordinary employee, the greater the chance that there is false self-employment.


Common signals among delivery drivers

Among young people we often see:

  • fixed time slots or shifts

  • mandatory acceptance of rides

  • rating systems with sanctions

  • instructions about routes and behavior

  • little or no room for negotiation about rates

👉 This often indicates not to real independence.


Why is this so important?

If you are actually an employee, you may be entitled to:

  • minimum wage

  • continued payment illness

  • holiday pay

  • dismissal protection

  • dismissal compensation

  • insurance in case of accidents at work

Many young people miss these rights because they think that “self-employed = no protection” is automatically correct.


What if you have an accident if delivery person?

This point is crucial.

Are you falsely self-employed and are you injured during the delivery?
Then:

  • the platform may be liable

  • an insurance may apply

  • personal injury may be reimbursed

As a real self-employed person, this is often different. The qualification of your employment relationship therefore makes a big difference.


Can you do something about this?

Yes. Mogelijkheden zijn onder andere:

  • laten vaststellen dat je werknemer bent

  • loon of vergoedingen claimen

  • bescherming tegen beëindiging afdwingen

  • schade verhalen bij ongevallen

Dat hoeft niet meteen tot een procedure te leiden, maar laat je positie wel beoordelen.


Wat moet je doen as a delivery person?

Use this step-by-step plan:

  1. View your contract and how you work

  2. Collect evidence (app screenshots, instructions, schedules)

  3. Check whether you are really free as a 'self-employed person

  4. Don't just agree to termination

  5. platforms are always right

  6. only take action after an accident

  7. That is a shame. You are often stronger than you think.


    Are you unsure whether you are really self-employed?

    Do you work as:

    • delivery driver

    • platform worker

    • flexible worker via an app

    and are you unsure whether you are really independent?

    Then have your situation checked. In many cases it appears that:

    • there is false self-employment

    • you have more rights

    • the platform goes too far

    👉 Feel free to contact us to have your situation assessed.

Frequently asked questions

Wat zijn mijn rechten bij ontslag?
Bij ontslag heeft u mogelijk recht op een transitievergoeding, een correcte opzegtermijn en in sommige gevallen een billijke vergoeding. Teken nooit zomaar een vaststellingsovereenkomst zonder juridisch advies.
Kan mijn werkgever mij zomaar ontslaan?
Nee, uw werkgever moet een geldige reden hebben en de juiste procedure volgen. Bij een vast contract is toestemming van het UWV of de kantonrechter vereist, tenzij u instemt met een vaststellingsovereenkomst.
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