The Administrative Commission for the Regulation of Work Relationships (CRT), which is part of the Social Security system, has ruled that the work relationship between Deliveroo and their deliverers cannot be classified as freelance work. They made their decision in early March. Their ruling says what Deliveroo offers is a salaried work, according to a copy of which Belga received on Friday evening.
The CRT can support any individual who suspects they are working as a false freelancer or false salaried employee. It is presided over by a magistrate and made up of members of the Social Security SPF, Employment SPF, the National Social Insurance for Freelance Workers Institute (INASTI) and the National Social Security Office (ONSS).
The CRT was approached by Deliveroo worker D.M. in January. He was working as a salaried employee with Smart until Deliveroo decided to stop working with Smart and only use freelancers. D.M. wants to continue working for Deliveroo, but sent Deliveroo’s employment offer to the CRT, through his lawyer Antoine Chomé, before accepting the employment offer.
In its ruling dated the 9th of March, the CRT says the proposed relationship creates subordination characteristic of salaried work. The deliverer only has small margins for manoeuvre, in the way he organises his working hours and in the job itself.
“In the system Deliveroo offered, Mr M. would have to reserve the hours he was available to work for the “platform” more than a week in advance. They would have to be checked by Deliveroo, with no guarantee there would actually be orders to deliver during that time”, the Commission says.
Deliveroo also has the possibility to exercise hierarchal control over the deliverer, who can be tracked via GPS at any moment.
“Today we are celebrating an important victory”, says the Deliverer’s Collective. They had launched several lawsuits back in January. “Deliveroo’s business model is just not viable”.
This decision is independent from the ongoing inquiry by the Social Inspection and Work Auditory bodies.
The Brussels Times