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Netherlands, Kingdom of the

FNV / Helpling – Amsterdam Court of Appeal, 21 September 2021

The Amsterdam Court of Appeal held that cleaners working for private households through the Helpling platform had temporary agency agreements with Helpling within the meaning of Article 7:690 of the Dutch Civil Code. The Court rejected the earlier District Court conclusion that the employment relationship existed directly between the cleaner and the household. It found that the overall contractual structure pointed to a contractual relationship between Helpling and the cleaners, while the households acted as hirers that exercised day-to-day supervision and direction over the cleaning work. Helpling therefore occupied the position of temporary employment agency and employer.

1. Background and Procedural History

Helpling operated an online platform connecting private households seeking domestic cleaning services with cleaners offering those services.

Cleaners and households created profiles through the platform. A household could select a cleaner, while cleaners could indicate their availability and determine their hourly rate within limits established by the platform.

The platform nevertheless played a substantial role in structuring the relationship. Payments had to be processed through a payment system selected by Helpling, households could arrange another cleaner through Helpling if their cleaner was unavailable, and they could switch cleaners using the platform.

FNV and an individual cleaner brought proceedings against Helpling concerning the legal status of the cleaners.

On 1 July 2019, the Amsterdam District Court held that there was no employment contract or temporary agency agreement between Helpling and the cleaner. Instead, it considered that an employment relationship existed between the cleaner and the household under the domestic-services regime, while Helpling acted as an employment intermediary.

Both FNV and the cleaner, as well as Helpling, appealed parts of that judgment.

On 21 September 2021, the Amsterdam Court of Appeal reached a different conclusion concerning the structure of the relationship.

Explanation

The District Court had originally decided that the household was the cleaner's employer and that Helpling mainly acted as an intermediary. On appeal, the Court looked again at how the entire system worked. It concluded that the legal relationship was actually between the cleaner and Helpling, while the household was the business or person to whom the cleaner was supplied to perform the work.

3. Existence of a Contractual Relationship with Helpling

The Court of Appeal found that most of the relevant circumstances pointed towards a contractual relationship between Helpling and the cleaner.

Several features were important.

Payment system

The household was required to make payment through a payment platform determined by Helpling.

Helpling therefore controlled the required payment infrastructure through which remuneration for the cleaning services was processed.

Replacement in case of illness or absence

If the cleaner was unavailable because of illness, the household could obtain another cleaner through Helpling.

Ability to change cleaner

The household could also use Helpling to switch from one cleaner to another.

Selection by the household

Some circumstances did point towards a direct contractual relationship between the household and cleaner.

In particular, the household selected the cleaner through the platform.

However, the Court considered those circumstances less significant than the factors pointing towards a contractual relationship between Helpling and the cleaner.

Explanation

The household chose who would clean its home, but Helpling remained involved in several important parts of the relationship. Payments had to go through Helpling's chosen system, replacement cleaners could be arranged through Helpling and households could change cleaners through the platform. Looking at the complete relationship, the Court considered Helpling to be more than a website that simply introduced two independent parties.

4. Classification as Temporary Agency Work

Having established a contractual relationship between Helpling and the cleaners, the Court considered what type of employment relationship it represented.

The Court concluded that it was not an ordinary employment contract but a temporary agency agreement.

Performance of work

The cleaners personally performed domestic cleaning services at the households.

Remuneration

The cleaners received remuneration for their work.

The amount paid by the household and received by the cleaner was largely determined by the household and cleaner themselves. Helpling had a more limited role in determining the level of remuneration.

Formal and practical authority

The households exercised the immediate supervision and direction over the actual cleaning.

They could tell cleaners what needed to be cleaned and how the household wanted the work carried out.

However, this did not prevent Helpling from being the employer.

The Court distinguished between the practical supervision exercised by the household and the broader formal role of Helpling within the employment relationship.

Making workers available to households

The cleaners were structurally made available through Helpling to perform work for households.

The household therefore occupied the role of hirer (inlener) within the temporary agency structure.

The combination of work, remuneration, employer authority and performance of work under the supervision and direction of the hirer satisfied the legal structure of a temporary agency agreement.

Explanation

The agency is legally the employer, but the client tells the worker what to do during the actual assignment. The Court decided that Helpling worked in essentially this way. Helpling was the employer, while the private household was the hirer that supervised the actual cleaning.

Timeline

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Sources

Disclaimer

The information provided in this article is for general informational and educational purposes only and does not constitute legal, tax, or employment advice. Labor and classification regulations (such as the Dutch Wet DBA and EU directives) are highly complex, fact-specific, and subject to frequent changes and changing administrative policies. Reading this content does not create an attorney-client or advisory relationship with Zooly. Before making any decisions regarding contractor engagement, compliance frameworks, or classification policies, you should always consult a qualified local employment lawyer or tax professional. Zooly accepts no liability for any actions taken or decisions made based on the information provided on our website.

Editorial Note & AI Disclosure

In compliance with Article 50 of the EU AI Act, we disclose that artificial intelligence (AI) tools were utilized to assist in compiling, legal screening, and drafting this content. However, to ensure absolute legal precision and contextual accuracy regarding compliance topics, the final text has undergone full human editorial review and rigorous manual verification by the Zooly compliance team before publication.

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