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Copyright: WageIndicator - July 2023
RECENT EVENTS
- Uber has opened up a new international headquarters in Amsterdam, causing protests.
- The Federation FNV has urged the courts to make Uber comply with the collective labor contract.
- Just Eat Takeaway's market share in most key markets has slumped over the past three years.
- 0.4% of the working population in the Netherlands is involved in the gig economy.
LABOR RIGHTS
Dutch workers are formally independent entrepreneurs.
However, the Dutch courts have ruled the relationship between platforms and their workers is an employment relationship.
(1) These platforms must provide employment contracts to their workers and comply with Dutch labor laws regarding minimum wages and health and safety regulations. The companies must also contribute to social security benefits for their workers. These companies are responsible for ensuring the security of their employees' data. Employers are legally required to protect workers from discrimination or prejudice based on age, gender, or race.
(2) The Dutch Civil Code requires that all permanent contracts be documented in writing, specifying details such as job title, duties, and salary to ensure legal compliance.
(3) However, it is important to note that not all platforms are included in this law, and the determination of whether the relationship between a platform and a worker is considered employment or independent contracting depends on the specific facts and circumstances.
The Dutch Supreme Court emphasizes the need to consider all relevant factors.
COURTS RULED IN FAVOR OF WORKERS
- February 24, 2021
The Amsterdam Court ordered Uber to reinstate six drivers and compensate them after unlawfully dismissing them.
- September 13, 2021
The Amsterdam Court ruled that Uber drivers are company employees and fall under the taxi sector's collective labor agreement.
- March 24, 2023
The Amsterdam Supreme Court ruled that Deliveroo drivers and couriers are employees and not self-employed.
- April 4, 2023
The Amsterdam Court of Appeal found that six drivers had been robo-fired by Uber without appeal.
The court also ordered that Uber must explain how driver personal data and profiling are used.
Ola Cabs was ordered to disclose meaningful information about automated decision-making.
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