Foodora’s Couriers: The Case of Independent Entrepreneurs or Employees?

This week, the Insurance Court published two conflicting interpretations of the status of Foodora’s couriers. The ongoing debate surrounds whether these couriers are independent entrepreneurs or employees of the platform companies they work for. The lack of final clarity on this matter has led to different court rulings.

In recent court decisions, the Insurance Court examined whether all the hallmarks of an employment contract were met for the Foodora couriers. The key issue was whether the couriers were personally committed to their work, which is a crucial aspect of an employment contract. This criterion became central in determining their status.

Despite the court’s decision, many legal experts believe that food delivery workers should be considered employees based on practical considerations. One such expert is Employment law professor emeritus Seppo Koskinen, who argues that changes in Foodora’s contracts influenced the court’s decision to classify the couriers as independent entrepreneurs.

The ongoing debate surrounding food delivery workers has prompted legislative changes to provide more clarity. In 2021, European Parliament approved a directive that would assume an employment relationship between couriers and platform companies unless proven otherwise. This directive aims to protect workers’ rights and ensure fair treatment in the gig economy.

Ultimately, the case of Foodora’s couriers highlights the challenges of defining labor status in the gig economy and emphasizes the importance of ensuring fair treatment for all workers involved.