A Dutch court in Amsterdam on Tuesday overturned a 2021 judgment that had treated every Uber driver in the Netherlands as an employee. In its latest decision, the court found that the employment status of drivers must be decided case by case rather than applied universally.
The appeal focused on six drivers who joined Uber in seeking a reversal of the earlier ruling. The court concluded those six individuals are self-employed. It based that finding on several factors highlighted in the ruling, including the drivers' financial investment in their own vehicles, their discretion over when to work, and their ability to accept or decline individual ride requests.
"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. The spokesperson added that the company looks forward to "working constructively with drivers, unions and policymakers to protect the flexibility drivers desire, while ensuring the protections they deserve."
The labor union FNV had argued that all Uber drivers should be treated as employees of a taxi company and receive associated benefits. The court rejected that line of argument as a blanket approach, stating instead that the nature of the relationship between Uber and its drivers depends on individual circumstances.
FNV said it was disappointed by the decision and indicated it would continue to pursue the matter, potentially through further appeals or individual legal action on behalf of drivers. The court's judgment leaves open the possibility that other drivers might be classified differently depending on the facts of their particular arrangements.
The ruling replaces a broad classification with a framework that requires individualized assessment of each driver's situation. That approach shifts the focus away from a one-size-fits-all determination and toward an examination of the specific contractual and operational realities of each driver who might seek employment status.
Contextual note - The court's decision addresses the legal status of drivers involved with a ride-hailing platform within the Netherlands and clarifies that outcomes will be determined on a per-driver basis according to the factors the court identified.