Supreme Administrative Court has ruled on the legal nature of platform work

At a glance

• On 22 May 2025, the Supreme Administrative Court issued a significant ruling on the legal status of platform workers in food delivery businesses.
• The case concerned whether the individuals providing courier services were employed by the platform company, or whether they acted as independent service providers.
• The court found that all the characteristics of an employment relationship were fulfilled, and concluded that an employment relationship existed between the parties because the opportunity for direction and supervision by the platform created a de facto subordinate relationship. 
• However, even though an employment relationship was deemed to exist, the court found that the Working Hours Act did not apply because the couriers had autonomy over their working hours, which the employer could not control due to the nature of the activity.

This ruling highlights the complex legal nature of platform work and a key challenge: Work organised through digital platforms can contain both an employment relationship and non-traditional aspects of working time regulation. 

The case may also have implications for  broader employment law regulations.

The legal assessment in this case was based on both national law and EU case law, which provides that an employment relationship should not be defined narrowly.