Online work platform: employment or mediation?

Whether an online work platform constitutes employment (an employment or agency contract) or merely mediation does not depend on what is stated in the user agreement, but on how the collaboration proceeds in practice. The judge weighs all circumstances together: does the platform exercise authority, is the worker embedded in the organization, is he allowed to have himself replaced, and does he genuinely bear entrepreneurial risk? If you call your platform a "mediator" but in practice direct the work, a judge may still classify the relationship as agency work or employment – ​​resulting in continued payment of wages, a transition payment, and collective labor agreement obligations.

Employment or mediation: why the qualification is so important

The sharing and platform economy has been on the rise for years. The world's largest taxi company has hardly any taxis of its own, and the largest accommodation company owns no hotels of its own. Platforms leverage the power of private individuals and freelancers, while eager to shake off the responsibility of an employer. For instance, Deliveroo prefers to work with independent contractors, and Uber that it was merely an intermediary service – and therefore not subject to strict taxi legislation or labor law.

For you as an entrepreneur with a platform, everything revolves around that qualification. After all, it determines your obligations:

• Employment contract: you are the employer. Consider continued payment of wages during illness, protection against dismissal, transition payment, holiday pay, and possibly a collective labour agreement.
• Temporary employment contract: you are a temporary employment agency that makes workers available to a third party. Wage and care obligations and specific temporary employment rules also apply here.
• Employment mediation: you bring supply and demand together, and the employment contract is established between the worker and the client. In principle, the Labour Allocation by Intermediaries Act (Waadi) does not permit charging a fee to the job seeker in this case.

The difference between these variants is not a formality. It affects your cost structure, your liability, and the sustainability of your revenue model. A miscalculation could mean that you have to pay wages, premiums, and reimbursements retroactively.

The Helpling case: from intermediary to employment agency

Helpling is an online platform that connects cleaners and households. The platform organizes a welcome meeting for new cleaners, provides a user manual, and records agreements in a user agreement. This allows fraudulent cleaners to be easily banned from the platform. Upon completion of a job, Helpling the client and paid the cleaner, deducting a fee (mentioned in the proceedings: 23% for recurring assignments and 32% for one-off assignments).

The FNV trade union initiated proceedings at the Amsterdam District Court requesting that the user agreement be classified as an employment contract (or alternatively as a temporary employment contract), applying the collective labour agreement for the cleaning industry. The goal: to enforce better working and wage conditions and to have the wage deductions prohibited.

First instance (2019): no employment, but mediation

The Amsterdam District Court ruled in 2019 that there was neither an employment contract nor a temporary employment contract. According to the court, the hierarchical relationship was specifically lacking. However, according to the judge, there was indeed employment mediation: Helpling assisted both the employer and the job seeker in establishing an employment relationship. The consequence: pursuant to the Waadi, Helpling no longer permitted to deduct a fee from the cleaner's hourly wage.

Appeal (2021): temporary agency workers after all

That was not the end of it. On appeal, the Amsterdam Court of Appeal ruled differently on September 21, 2021 (ECLI:NL:GHAMS:2021:2741) : the cleaners working for households via Helpling are temporary agency workers . Consequently, the platform was classified as a temporary employment agency. The practical consequences are significant – consider the right to continued payment of wages during illness, paid holidays, pension accrual, and a transition payment upon termination, plus the application of the temporary employment collective labour agreement. This line regarding platform work has been widely adopted in professional literature and subsequent case law.

The lesson for platform entrepreneurs: a favorable initial ruling offers no certainty. How you actually structure your collaboration carries more weight than the label you attach to it yourself.

The broader context: the Deliveroo benchmark

The question of classification extends far beyond cleaning work. In the case concerning delivery service Deliveroo, the Supreme Court ruled on March 24, 2023 (ECLI:NL:HR:2023:443) that the delivery drivers – despite their self-employed status on paper – were working on the basis of an employment contract.

Even more important than the outcome is the standard. The Supreme Court confirmed that a judge all circumstances of the case in conjunction with each other . Relevant viewpoints include:

• the nature and duration of the work;
• the manner in which the work and working hours are determined;
• or the activities are embedded in the organization of the platform;
• whether there is an obligation to perform the work personally or whether substitution is permitted;
• the manner in which the reward is determined and paid out;
• the level of remuneration and whether the worker behaves commercially as an entrepreneur and bears entrepreneurial risk.

No single viewpoint is decisive in itself. Moreover, the Supreme Court emphasized that freedoms such as being allowed to sign up whenever one wants, refusing assignments, or having oneself replaced do not in themselves preclude the existence of an employment contract. Therefore, a platform cannot include a few freedoms in the agreement "just to be safe" and thereby exclude employee status. The overall picture counts.

Upcoming rules: the EU Platform Work Directive

European regulations are added to this. The EU Platform Work Directive (Directive (EU) 2024/2831 of 23 October 2024) improves working conditions for platform work. Member States, including the Netherlands, must transpose the rules into national law; the deadline for implementation is 2 December 2026. The core of the directive is a rebuttable legal presumption of employment: if there are factual indications of management and supervision, the relationship is regarded as an employment relationship, and it is up to the platform to prove otherwise.

For platform entrepreneurs, this means that the burden of proof shifts and that transparency regarding algorithmic management will play a role. When setting up your revenue model, bear in mind that the legal bar is likely to be raised rather than lowered in the coming years. The precise Dutch implementation and exact interpretation of the legal presumption were not yet final at the time of writing; therefore, seek timely advice regarding the current state of affairs.

What risks do you run with an incorrect qualification?

If your platform is subsequently classified as an employer or temporary employment agency, the consequences can be substantial. Expect a combination of:

• Retroactive wage and premium claims. Think of back pay, holiday pay, pension contributions, and social security contributions covering an extended period.
• Claims by workers or trade unions. As in the Helpling case, a trade union can litigate on behalf of a group of workers.
• Additional assessments and fines. In cases of bogus self-employment, the Tax and Customs Administration may levy additional payroll taxes; ensure you are informed about the current enforcement policy.
• An unsustainable business model. Employer costs can financially undermine a platform operating on low margins.

If unpaid invoices or disputed claims arise regarding your platform, it is wise to address these issues in a structured manner – whether it concerns the collection of outstanding amounts or broader legal assistance in the event of a conflict.

What does this mean for your online work platform?

If you want to start or expand an online work platform, it is wise not to leave the legal structure to chance. A few concrete next steps:

1. Map out your revenue model. How does the money flow, and do you deduct a fee from the worker? In the case of mediation, this can be at odds with the Waadi.
2. Assess the actual hierarchical relationship. Do you determine rates, working hours, quality requirements, or sanctions? The more control, the greater the likelihood of an employment or agency relationship.
3. Regulate substitution and self-employment consciously. Whether a worker is permitted to be replaced and acts as an entrepreneur is a factor in the classification.
4. Establish the right documents. Think beyond general terms and conditions: a suitable service agreement, terms of use, and clear platform agreements are at least as important.
5. Anticipate new rules. Take into account the upcoming EU rules and the Dutch approach to bogus self-employment.

Not only Helpling, but also major players like Uber and Deliveroo found themselves in turbulent legal waters. A solid legal foundation prevents a judge from subsequently casting a different stamp on your partnership – with all the associated costs.

Frequently asked questions about platform work and qualification

What is the difference between employment mediation and employment?

In employment mediation, you bring supply and demand together, and the worker concludes an agreement with the client directly. In employment (employment or temporary employment contract), you are the employer or temporary employment agency, and wage and care obligations apply. The judge looks at the factual situation, not just the chosen term.

Is an intermediary platform allowed to deduct a fee from the worker's wages?

In the case of genuine employment mediation, the Labour Allocation by Intermediaries Act (Waadi) does not, in principle, permit requiring consideration from the job seeker. In the Helpling case, the deduction was deemed impermissible on that ground. Seek advice on how this impacts your revenue model.

Does the user agreement determine whether there is an employment relationship?

No. A judge considers all circumstances in conjunction: authority, integration within the organization, possibility of replacement, remuneration, and entrepreneurial risk. The actual performance carries more weight than the text of the agreement.

What does the EU Platform Work Directive change for me?

The directive introduces a rebuttable legal presumption of employment for platform workers. If the facts indicate direction and supervision, the platform must demonstrate that there is no employment relationship. The Dutch implementation will follow; expect the requirements for platforms to increase.

Does this also apply if my workers are self-employed?

Yes. The self-employed status on paper is not decisive. In the Deliveroo case, the couriers were formally self-employed, but the Supreme Court ruled nonetheless that an employment contract existed. It is about how the collaboration actually takes place.

How do I prevent my platform from being classified as an employer retrospectively?

By having your revenue model, contracts, and actual working methods legally reviewed in advance for authority, embedding, and independence. This way, you avoid surprises regarding employment law, social security, and taxation.

Is a platform automatically an employment agency?

No, not automatically. Whether there is a secondment depends on the facts: are you making workers available to a third party under their direction and supervision? In the Helpling case, that was the case, but each platform is assessed based on its own actual structure.

Legal guidance for your platform

Do you want to know whether your online work platform qualifies as mediation or employment – ​​and which documents you need? The corporate lawyers at MKB Juristen assess your revenue model, draft your agreements and terms and conditions, and advise on the risks regarding employment law and bogus self-employment. View our expertise in employment law or schedule an intake meeting directly, and together we will look at how to set up your platform to be legally future-proof.