The Amsterdam Court of Appeal ruled that Uber drivers are self-employed and not employees.
The Amsterdam Court of Appeal ruled that Uber drivers in the Netherlands are considered independent workers and not employees, thereby overturning a 2021 ruling by a lower court that classified them as employees subject to the collective taxi transport agreement.
The court confirmed that Uber drivers cannot be considered employees as a single group, and that the legal status of each driver must be evaluated individually. It concluded that the six drivers involved in the case are self-employed, based on factors including their investment in their own vehicles, their freedom to choose working hours, their control over accepting rides, and their bearing of business risks.
In 2021, a lower court ruled that Uber drivers are employees rather than independent contractors, and thus are subject to the collective taxi transport agreement that regulates wages, working hours, and benefits. This ruling was based on characteristics of the Uber app, such as restrictions on the number of rides a driver can refuse and the company's control over handling customer complaints. The FNV labor union (Dutch trade union) welcomed the decision at the time and considered it a victory that grants drivers rights such as paid leave and sick days. Uber appealed the ruling.
In 2022, the judges suspended the enforcement of the 2021 ruling pending the appeal, and issued several interim decisions. In 2023, the Amsterdam Court of Appeal postponed its decision awaiting clarification from the Supreme Court in a similar case involving Deliveroo delivery drivers.
In March 2023, the Supreme Court ruled that Deliveroo drivers are paid employees and not independent contractors, establishing criteria to distinguish between employment relationships and independent work. Based on these principles, the Court of Appeal in Amsterdam emphasized that the classification of Uber drivers varies according to the individual circumstances of each driver and cannot be generalized by a single rule.
Uber's Northern Europe director, Moritz Schonnefeld, stated that the ruling represents a significant victory for drivers and confirms that they are entrepreneurs. He added that the court was clear in rejecting the treatment of all drivers in the same way. For its part, the FNV labor union expressed its disappointment with the decision and announced that it is considering the possibility of appealing to the Supreme Court.