According to the Supreme Court, whether an Uber driver is a true entrepreneur or an employee depends on the specific circumstances.
The ruling is part of a case brought by the FNV trade union years ago: in 2021, the Amsterdam court ruled that drivers who work for Uber as self-employed drivers are in fact employees. Uber appealed.
The Court of Appeal then referred preliminary questions to the Supreme Court.
With the Supreme Court's answers in hand, the Amsterdam Court of Appeal can now decide whether the Uber drivers were in fact pseudo-independent and must be treated as employees retroactively. The ruling will also clarify whether this applies to all Uber drivers or whether some should be considered entrepreneurs.
Read on: in Dutch