4. Trends and Specific Cases

In 2022 a new legal presumption of an employment relationship was introduced for platform workers. Several cases regarding Uber drivers and Deliveroo riders are pending before the supreme court, but labour court of Appeal of Brussels has declared the platform workers as employees in both cases (2023 and 2025).

The Supreme Court (Cass. 11 March 2024, S.21.0070.F) has upheld a decision of the labour court of Brussels which considered a manager of a store as an employee, although she had concluded a “management agreement” (self-employed service agreement) with the company. The Court found that the manager had very limited competences and decision power, received a lot of instructions and was restricted in taking holidays and organising his working time and absences. Therefore, there was no freedom to organise the work and the company maintained a hierarchical control.