Description
On 27 January 2026, the Amsterdam Court of Appeal ruled in the long-running dispute between trade union FNV and Uber over whether Uber drivers should be treated as employees or as self-employed contractors.
FNV argued that drivers operate under Uber’s authority and should therefore fall under the Taxi collective agreement. Uber, supported by some drivers, maintained that they work as independent entrepreneurs.
A lower court had previously found that the drivers were employees (Amsterdam District Court Ruling). On appeal, the court applied the criteria developed by the Dutch Supreme Court in the Deliveroo judgment.
In 2025, the Supreme Court clarified that no single factor takes precedence in determining employment status and that entrepreneurship must be given full weight in the overall assessment.
Applying that guidance, the Court of Appeal concluded that the drivers concerned showed a strong degree of entrepreneurship and therefore did not have employment contracts. The court pointed to factors such as drivers’ investments in their own vehicles, their freedom to set working hours, their discretion in accepting or rejecting rides, and their exposure to financial risks. It also noted that many drivers work across several platforms at once, which it saw as further evidence of independence.
Importantly, the court stressed that classification depends on the specific circumstances of each individual. Some Uber drivers could still qualify as employees if their situation differs. The ruling underlines that employment status cannot be determined through a uniform approach, even within a single platform.
- Keywords
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algorithmic management,
working conditions,
employment status
- Actors
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Platform,
Employee organisation,
Court
- Sector
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Transportation and storage
- Platforms
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Uber
Sources