Taxi company Uber and the Netherlands’ biggest trade union federation will face each other in court again on Tuesday, as the FNV’s bid to win legal status for Uber drivers goes to appeal. 

In 2021, Amsterdam’s district court ruled that Uber drivers should be on the payroll, but since then the taxi company has taken no steps to implement the ruling. And last year, in another hearing, judges ruled the lower court decision should be suspended pending the appeal.  

The case comes as the European member states agree on introducing new rules for so-called platform companies, which offer freelancer services online. The rules aim to make it harder for companies to insist that workers are self-employed if they don’t want to be. 

Companies such as Uber and Deliveroo argue that taxi and meal delivery firms want the freedom of being self-employed but critics argue the workers are being denied labour rights, such as paid holidays, and the legal protection provided by national and EU laws.

The European Council plans state that companies must treat their personnel as employers if they meet a certain number of conditions, for example, whether or not they can set their own hours and fees, or if they can also work for competitors. 

If approved, the draft directive, which still has to be considered by the European parliament, will come into effect in two years time.