Three couriers worked for a food delivery platform on and off over a period of two to five years, two as independent contractors and one as a freelancer.
The Norwegian Court of Appeal agreed that all three couriers were not employees. In that connection, it emphasised that all three couriers:
- Freely could take and reject work through the app
- Were responsible for the results of their services
- Generally were responsible for their own work equipment
- Were free to take on other work without any restrictions
At the same time, there were elements supporting employee status. One example was that the couriers were providing their services personally. Another example was that the work was allocated and managed in various ways through the app. However, those elements were insufficient to trigger employee status after an overall assessment.
iuno's opinion
Misqualification can be expensive, as it triggers various rights and obligations. As platform work becomes increasingly popular, the question is raised more often. This case is a good example of the various elements that play into securing the right qualification. It also shows that the actual circumstances are decisive, not the status defined in the contract.
iuno recommends that companies pay attention to misqualification risks when operating with independent contractors. The default is that an employment relationship is established, unless you can prove otherwise. In that way, the Norwegian framework is already aligned with the “presumption rule” set out in the coming EU rules on platform workers. You can read more about the new EU rules here.
The case will likely end up before the Norwegian Supreme Court. We are following the developments closely.
[Borgarting Court of Appeal's judgment of 24 February 2026 in case LB-2025-94406]