Dutch Court Rejects Employee Status For Uber Drivers, Deepening Global Gig Work Divide

A Dutch court on Tuesday overturned a 2021 ruling that had classified all Uber drivers as employees, stating that individual drivers can be treated as independent entrepreneurs. 

The Amsterdam court said six drivers who had joined the rideshare company in its appeal are self-employed rather than employees, given the investments they made in their vehicle, their freedom to choose working hours and their ability to accept or reject rides. 

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“This ruling is a clear victory for thousands of drivers in the Netherlands who have spent more than five years fighting to protect their status as independent workers,” an Uber spokesperson said.

“We now look forward to working constructively with drivers, unions and policymakers to protect the flexibility drivers desire, while ensuring the protections they deserve.” 

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The court dismissed arguments made by labour union FNV, which said all Uber drivers should be treated as employees of a taxi company and should be granted benefits in line with that position.

The court said the relationship between Uber and its drivers needed to be determined on an individual basis.

FNV said it was disappointed with the ruling but would continue “to fight for drivers”, possibly through a further appeal or individual legal action.    

Uber has faced similar cases elsewhere. A New Zealand court ruled last November that drivers are employees, and a UK court ruled in 2021 that they are entitled to worker rights such as the minimum wage. 

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In 2023, a French court ruled Uber should pay around 17 million euros ($20.2 million) in damages to a group of drivers who said they should have been treated like employees.

($1 = 0.8413 euros)

(Reporting by Charlotte Van Campenhout, Editing by Bart Meijer and Louise Heavens)

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