Date
13 September 2021

Tag

Active

Country
Netherlands Netherlands
Geographical scope
National
Type
  • Type

    Employment contract

    Legal
View Court ruling

Description

In September 2021, the Amsterdam District Court ruled that Uber drivers are employees, not freelancers. Therefore, Uber drivers are covered by the collective labour agreement for taxi transport (CAO Taxivervoer). The workers were represented and supported by FNV. 

The reasons brought by FNV (the trade union) to claim that Uber drivers are employees include:

  • The level of control Uber has over the drivers' work, such as determining fares and handling disputes

  • The use of algorithmic management, which the court considered a "modern relationship of authority" as an employer

  • The rating system and disciplining effect, which affects how rides are distributed and access to the application

  • The fact that Uber unilaterally determines many aspects of a driver's working conditions, including ride allocation, prices, and customer complaints

The Court ruled in favor of FNV, declaring that Uber drivers are employees and that the sectoral collective labor agreement (CAO Taxivervoer) applies to them, including pay requirements and some benefits. The level/instance of ruling is the Amsterdam District Court, which is a first-instance court.

The motivations for the ruling in favor of employee status include:

  • The level of control exerted by Uber over the drivers' work

  • The use of algorithmic management

  • The disciplining effect of the rating system

  • The lack of entrepreneurial freedom for drivers

  • The fact that Uber unilaterally determines many aspects of a driver's working conditions

  • The comparison to the UK Supreme Court ruling and Spain's "riders' law", which also considered the use of algorithms and control over workers' conditions as indicative of an employment relationship.

Uber has been appealing the judgment. 


Updates (1)

The following recent changes to this court ruling have been recorded.

18 March 2025

The Amsterdam Court of Appeal held in an interim decision that in order for the court to assess Uber's appeal, it required a number of clarifications from Supreme Court. One such clarification was regarding the relevance of the "external entrepreneurship" factor mentioned in the landmark Deliveroo ruling, which set out specific criterion to be assessed when determining the employment status of a platform worker.

The Supreme Court clarified that there is no hierarchy between the different factors outlined in the Deliveroo ruling, meaning that all factors should be given equal weight. As a result, the "external entrepreneurship" factor is fully relevant when assessing a platform workers employment status. This means that two workers performing the same work for the same contracting party could have different employment statuses.

Additional metadata

Keywords
employment status
Actors
Platform, Individual worker, Employee organisation, Court
Sector
Transportation and storage
Platforms
Uber

Sources

Citation

Eurofound (2021), Amsterdam Court Rules in favour of employee status (Uber) (Court ruling), Record number 2419, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/amsterdam-court-rules-in-favour-of-employee-status-uber-105711.