The Amsterdam Court of Appeal has announced that it will deliver its judgment on 27 January 2026 regarding the alleged employment relationship of Uber drivers.
In this ongoing case, the FNV trade union argues that Uber drivers should, in fact, be regarded as employees, entitling them to wages and employment conditions in line with the Collective Labour Agreement for Taxi Transport (CAO Taxivervoer). Uber, on the other hand, maintains that its drivers are self-employed entrepreneurs.
Back in 2021, the District Court ruled that Uber must employ its drivers, but—as is well known—Uber appealed this decision. In anticipation of its own ruling, the Court of Appeal submitted prejudicial questions to the Supreme Court (Hoge Raad) regarding the weighting of entrepreneurship criteria when assessing employment relationships.
In its judgment of 25 February 2025, the Supreme Court ruled that these criteria should be weighed equally alongside other relevant factors.
During the most recent hearing on 31 October 2025, both parties elaborated on their positions. Uber once again emphasised the entrepreneurial nature of the relationship, referring to the financial risks and responsibilities borne by individual drivers. The FNV reiterated its argument concerning the dependency relationship of the drivers toward Uber, citing factors such as Uber’s control over fare setting and unilateral changes to contractual terms.
Taxperience is closely monitoring this case and will provide an update as soon as the Court issues its decision.
If you have any questions, comments, or would like further information regarding this case, please do not hesitate to contact Taxperience’s Human Capital team. Bart, Christel, Jessie or Maud will be happy to assist you.