Uber drivers may or may not be employees, appeal court rules

Appeal court judges in Amsterdam have ruled that taxi drivers who work for Uber cannot be deemed en masse to be employees, in the latest twist in a long-running legal battle between the taxi service and the FNV trade union.

The court ruled that each driver’s individual circumstances determine whether they are an employee, reversing a lower court verdict dating from 2021.

The FNV wanted the court to rule that all Uber drivers should be treated as employees and paid in line with the taxi sector pay and conditions agreement.

Several taxi drivers joined forces with Uber for the appeal, and the court ruled that all of them are self-employed, partly because of their investment in their cars. They can also decide when to work and which rides they want to pick up, the court said.

“This verdict is a great victory for drivers and confirms that they are entrepreneurs,” said Uber’s northern Europe director Maurits Schönfeld. “The appeal court is crystal clear. You cannot treat all drivers in the same way, as the FNV is trying to do.”

In 2021, Amsterdam’s district court ruled that Uber drivers should be on the payroll. In 2022, in a separate hearing, judges ruled that the lower court decision should be suspended pending the appeal and there have been several more intermediary rulings since then.

The FNV said it was disappointed with the verdict and is now considering whether to appeal to the Supreme Court.