Rulings on employment statuses by the Finnish Workers’ Compensation Centre (TVK)

In June 2021, the Finnish Workers’ Compensation Center (TVK) issued three rulings on the question of whether the Workers’ Compensation Act applies to food transport work carried out by couriers. In two of the rulings, the TVK found that the work was carried out in the context of an employment contract as laid out in the Employment Contracts Act. Since the platforms in these cases are considered employers, they are responsible for paying workers’ compensation insurance (which covers workers with medical care and income compensation in case of accidents at work). In one ruling, the TVK held that the food delivery work was not carried out under an employment contract according to the definition of the Employment Contracts Act, but that the worker must be classified as an entrepreneur. Therefore, the insurance is the responsibility of the worker. 

According to the TVK, the decisions are based on an ‘assessment of the actual working conditions and take into account the terms and conditions regarding the performance and commissioning of work agreed upon in the work contract’. The rulings are binding for the parties concerned (the insurance company, which submitted the appeal, the worker and the employers). However, the processing of the cases and the rulings themselves are not made public.  

Metadata

  • Initiative
  • Finland
  • Yes
  • transport
  • On-location platform-determined routine work
  • Foodora, Wolt
  • employment status
  • 2022
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