Belgium: Brussels Labour Tribunal issues ruling upholding Deliveroo couriers status as self-employed

On 8 December 2021, the Labour Tribunal of Brussels ruled that Deliveroo Belgium’s delivery workers don’t qualify as employees under Belgian law, upholding the self-employed status of the couriers. The case was brought before the court by the Labour Auditor alleging that Deliveroo Belgium breached the labour law by classifying workers who perform services on their behalf as self-employed and denying them the social protections that employees are entitled to. In order to determine the labour relation between the parties, the tribunal examined the criteria outlined in the Royal decree of 29 October 2013 and determined that in the absence of legal subordination, the agreement between the parties cannot be classified as an employment contract. In consequence, given that the labour relation between couriers and Deliveroo cannot be classified as an employment contract, the labour tribunal decided that the delivery workers are self-employed.