The Accident Appeal Board issued two decisions on the application of legislation concerning the work of food couriers
On 23 June 2021, the Finnish Workers' Compensation Center TVK issued three rulings on the applicability of the Workers’ Compensation Act on the food transportation work performed by food couriers. Two of these rulings were transferred to be processed by the Accident Appeal Board (Tamla) due to an appeal by a platform company.
The Accident Appeal Board rejected the appeal; in the decisions it issued on 9 June 2022, it found that the food transportation work performed by food couriers for a platform company has been carried out in an employment relationship as referred to in section 8 of the Workers' Compensation Act and chapter 1, section 1 of the Employment Contracts Act.
In the assessment of the Appeal Board, all identifying characteristics of an employment relationship in accordance with the Employment Contracts Act were met, and also based on an overall assessment, the work was carried out in an employment relationship. The position of food couriers was not independent, because they were obliged to follow any orders or instructions that the platform company might give them. The food couriers were also personally committed to working for the platform company. The work of a food courier had hardly any features characteristic of entrepreneurial activity.
The result of the vote was 6–4. The minority accepted the appeal of the platform company, considering based on the report presented in the matter that the food couriers were in an entrepreneurial position.
The decisions of the Appeal Board are not legally valid.