At the beginning of May, the labor relations committee ruled for the first time on the question of whether meal couriers are employees or self-employed, BTB-ABVV wrote in a press release. This marked the first test of the legislation on platform work that Pierre-Yves Dermagne, Minister of Economy and Work, rolled out in early 2023.
Frank Moreels, chairman of BTB-ABVV: “We are satisfied that the committee recognizes Uber Eats couriers as employees, which means that the new legislation has survived an initial test. For us, bicycle couriers are transport workers, unfortunately international platforms continue to deny the light of the sun in this area.”
The second time the platforms fail
In December 2023, the labor court in Brussels followed the analysis of the unions and the labor auditor that Deliveroo’s meal couriers are not only employees, but also that they belong in the PC of transport (140.03). The PC, Joint Committee is responsible for determining the terms and conditions of employment within the transport sector in Belgium.
The court also ruled that these platforms have no business in the sharing economy, the infamous P2P statute (peer to peerstatute). This refers to a legal classification applied to companies operating within the sharing economy, where private individuals directly share goods or services with each other via online platforms.
Moreels: “It is indeed the second time in a relatively short time that our analysis has been recognized by the right authorities. But the platforms refuse to accept reality, despite legal rulings. Deliveroo has been trying for years to turn this into a procedural battle and deny their couriers/employees proper compensation. Uber Eats also wants to make it a long battle in court.”
“Time to implement the judgment of the labor court”
However, the judgment regarding Deliveroo and the new legislation of 2023 will not be applied. The platforms are carrying on as if nothing is happening, and so far there has been no real response. Yet a response is urgently needed: the legislation has passed its first practical test and a clear statement has been made.
The P2P statute may now no longer be used in the field of employment law. Either you are an employee or you are self-employed. In both cases it is mandatory to contribute to social security. Couriers who still use the P2P status actually work in the informal circuit.
Morals: “The court has ruled that Deliveroo’s cassation appeal does not have suspensive effect. This means that the court’s decision remains in force, while the Court of Cassation, the highest court in Belgium, only assesses the application of the law. Today, the National Social Security Office (NSSO) and the social inspection have the instrument at their disposal to force meal delivery platforms to comply with Belgian legislation.”
“They need to do this urgently and send a clear message: if you want to continue operating in Belgium, this will be according to Belgian rules! Only then can we speak of a fair and correct sector. We also ask that Minister Dermagne do the necessary to have the labor inspectorate take action against these platforms, which continue to work unlawfully as if nothing has happened.”
“Minister Van Peteghem: take your responsibility!”
According to BTB-ABVV, the labor court’s verdict was clear: the platforms do not meet the conditions to be recognized as an electronic platform in the sharing economy. That is why they are not allowed to use the P2P status. Despite this employment law finding, these platforms continue to use the P2P status for tax purposes. According to BTB-ABVV, it is high time to correct this anomaly and withdraw the recognition of these platforms!
Moreels: “Not withdrawing this recognition is a culpable omission on the part of the Minister of Finance, Vincent Van Peteghem. He continues to give the platforms the opportunity to make the couriers pay for violations of labor law.”
“Deliveroo knows that it is not allowed to use the P2P status, but places all the risk with the couriers, who do not know that they are actually doing undeclared work. They are not interested in the possible consequences for the hundreds of couriers, only their own profit motive counts. The minister can no longer play hide and seek, he must take responsibility today!”
