A court in Amsterdam on Tuesday overturned a 2021 decision that had classified all Uber drivers as employees, ruling instead that individual drivers can be treated as independent entrepreneurs.
The court examined six drivers who brought the appeal and determined they qualify as self-employed. The judgment cited factors the drivers themselves had taken on, including investments in their vehicles, the discretion to set their working hours and the ability to accept or decline ride requests.
In response to the ruling, an Uber spokesperson described the outcome as "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." The spokesperson added: "We now look forward to working constructively with drivers, unions and policymakers to protect the flexibility drivers desire, while ensuring the protections they deserve."
The labour union FNV had argued that all Uber drivers should be treated as employees of a taxi company and entitled to corresponding benefits. The court rejected that blanket position, saying the nature of the relationship between Uber and its drivers must be determined on a case-by-case basis.
FNV said it was disappointed with the ruling and indicated it would continue "to fight for drivers", noting possible next steps could include a further appeal or individual legal action by drivers.
The ruling in the Netherlands comes amid a patchwork of outcomes in other jurisdictions. The court filing referenced other legal decisions: a New Zealand court decision last November that found drivers to be employees, a 2021 U.K. ruling that drivers are entitled to worker rights such as the minimum wage, and a 2023 French court order requiring Uber to pay about 17 million euros in damages to a group of drivers who said they should have been treated as employees.
The article preserves the conversion figure cited alongside the French damages figure: ($1 = 0.8413 euros).
The Dutch ruling does not create a universal classification for Uber drivers across the country. Instead, it establishes that individual circumstances - including the level of investment made by drivers, control over their schedules and their ability to accept or reject work - must be weighed to determine employment status.
For operators, regulators and market participants in transportation and logistics, the decision underscores continuing legal uncertainty around gig economy work models and highlights the need for individualized assessment frameworks when evaluating worker status in platform-based businesses.