FNV v Uber B.V. – Amsterdam District Court, 13.09.2021 ECLI:NL:RBAMS:2021:5029
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The Amsterdam District Court held that Uber drivers who personally transported passengers through the Uber app worked under employment contracts with Uber. The Court found that Uber exercised modern employer authority through its algorithm, fare-setting, access rules, ratings and account-deactivation system. The Taxi Transport Collective Labour Agreement therefore applied.
1. Background and Legal Question
FNV sought a declaration that drivers using the Uber app worked under employment contracts and that the Taxi Transport Collective Labour Agreement applied.
Uber argued that it was only a technology platform connecting independent drivers with passengers.
Explanation
The Court had to determine whether Uber merely connected independent businesses with customers or exercised sufficient control to qualify as their employer.
3. Decision and Later Proceedings
The District Court held that the drivers worked under employment contracts with Uber and that the Taxi Transport Collective Labour Agreement applied.
The decision was later reconsidered through a Supreme Court preliminary ruling in 2025 and reversed by the Amsterdam Court of Appeal in 2026.
Explanation
FNV initially succeeded, but the District Court’s collective classification of the drivers did not remain the final outcome.
Timeline
Amsterdam District Court
Supreme Court preliminary ruling
Amsterdam Court of Appeal
Sources
- https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:RBAMS:2021:5029
- https://www.rechtspraak.nl/404?url=%2Forganisatie-en-contact%2Forganisatie%2Frechtbanken%2Frechtbank-amsterdam%2Fnieuws%2F2021%2F09%2Fchauffeurs-zijn-werknemers-van-uber
- https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:HR:2025:319
- https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:GHAMS:2026:163
Related knowledge
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