Uber drivers are freelancers, not employees, Amsterdam Court of Appeal rules

Uber drivers in the Netherlands are independent contractors, not employees, the Amsterdam Court of Appeal ruled Tuesday, overturning a 2021 district court decision that would have classified them as employees covered by the country’s Taxi Transport collective bargaining agreement, which sets wages, working hours and benefits for taxi drivers.

The appeal court ruled that Uber drivers cannot be deemed employees en masse and that each driver’s employment status must be assessed individually. Taxi drivers joined Uber in the appeal. The court found that the six drivers involved in the case are self-employed, citing factors including their investment in their own cars, their freedom to choose when to work, which rides to accept, how much they earn and the business risks they bear.

In 2021, Amsterdam’s district court ruled that Uber drivers worked as employees rather than freelancers and therefore fell under the Taxi Transport collective bargaining agreement. That court pointed to features in Uber’s app that it said indicated an employment relationship, including limits on how many rides drivers could refuse and Uber’s unilateral handling of customer complaints. The trade union FNV welcomed that ruling at the time, calling it a major victory that would give drivers access to employee benefits such as paid leave and sick days. Uber appealed.

In 2022, judges suspended the 2021 ruling pending the outcome of the appeal, followed by several intermediary decisions. In 2023, the Amsterdam Court of Appeal postponed its ruling while awaiting clarification from the Supreme Court in a similar case involving Deliveroo delivery drivers.

In March 2023, the Supreme Court ruled that Deliveroo couriers were salaried employees, not freelancers, and set out criteria for determining whether a working relationship constitutes employment or independent contracting.

Applying those principles, the Amsterdam Court of Appeal emphasized that the classification of Uber drivers can vary depending on individual circumstances.

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

The FNV said it was disappointed with the appeal court’s decision and is considering whether to appeal to the Supreme Court.