Former temporary workers of the bankrupt Dinner Train are still claiming benefits, even though they worked as self-employed persons and are normally not entitled to them.
The FNV trade union supports the demand and sees it as an important test case for the position of self-employed people in the Netherlands. “This research could have major consequences for thousands of other bogus self-employed people in the Netherlands,” says FNV director Anja Dijkman. Dinner Train, which was known for its luxury dinners on a moving train, ran into serious trouble when the corona pandemic broke out and train dinners came to a standstill.
The subsequent rise in energy prices in 2022 made the concept untenable, after which the company went bankrupt. A restart proved unfeasible, leaving around fifty temporary workers empty-handed. Because they worked as self-employed persons, the benefits agency UWV did not take over their wage payments, as it does for employees. In addition, some flex workers are said to be owed thousands of euros in back wages.
However, there is now hope for the former freelancers, now trade union FNV states that there may have been false self-employment. This means that in practice they functioned as employees, while on paper they were hired as self-employed. “If the Tax Authorities and the UWV eventually go along with this, it would mean a huge change for many freelancers who are in a similar position,” says Dijkman.
The discussion about bogus self-employment has been going on in the Netherlands for years, especially in sectors such as healthcare, construction and the cultural sector. Employers regularly use zzp'ers to reduce wage costs and employer charges, while the freelancers in fact do the same work as permanent employees. The government is increasingly trying to tackle these constructions, but the regulations remain complex and are not always enforced as strictly.
Research could have consequences for thousands of bogus self-employed people
The UWV is investigating whether the young people who worked for Dinner Train should still be considered employees under the Unemployment Act (WW). Several former employees of the bankrupt catering company have requested this themselves with the help of FNV.
If UWV were to acknowledge the claim of the former Dinner Train freelancers, this could have far-reaching consequences. Not only for the dozens of freelancers who are still waiting for their money, but also for countless other self-employed people who are in a similar situation. “This is not just a case about unpaid wages,” Dijkman emphasizes. “This is about the fundamental question of whether freelancers are really entrepreneurs, or whether they are actually just employees without the associated rights.”
The outcome of this case is therefore being followed with great interest by lawyers and policy makers. If the former self-employed persons of Dinner Train still receive benefits, this could set a precedent for other freelancers who miss out on bankruptcies. That would mean a major shift in the ZZP landscape and possibly even lead to stricter regulations for companies that hire freelancers.
While the legal battle has yet to begin, the victims continue to hope for a solution. “We have worked hard for years and now we are standing with empty hands,” says one of the former temporary workers. “It would only be fair if we still get what we are entitled to.”
