Technological Disruption in Enployment and Labour Law in the Netherlands

Since the Dutch debate about the digitisation of labour is often reduced to a debate about how to qualify a contract between a worker and the platform they work through, or work for, the definition of the term ‘employment contract’ deserves a lengthy discussion. This approach means that the other effects of technological changes, such as changes in the organisation of work owing to changing structures of authority, receive far less attention. In Section II, I examine the definition of an employment contract and the obligations associated with employment contracts, partly to distinguish them from contracts for services. I also discuss the incentives for avoiding employment contracts or the associated obligations. As a result, Section II also includes discussions of flexible employment relationships, domestic work, and, of course, contracts for services, each – to the extent possible – in light of technological developments.