Uber drivers should have been treated as employees immediately after the judge’s ruling in September. To the dismay of FNV, Uber has not yet done so and will appeal. State Secretary Dennis Wiersma of Social Affairs and Employment explains why this has not been enforced so far.
The State Secretary emphasizes that it is not up to him to agree or disagree. to deal with court decisions. He is, however, of the opinion that if platform work is organized in such a way that work is in fact based on an employment contract, a platform should be regarded as an employer.
“When a platform is not only facilitates the bringing together of supply and demand, but is also substantively involved in the way in which the work is done or the times and circumstances under which the work via a platform quickly does not distinguish itself from an employer-employee relationship”, he states. The cabinet has already started developing a platform measure whereby platforms are initially designated as employers, provided there is sufficient indication that authority is exercised over the platform worker. The principle of “employer, unless” will therefore apply. Wiersma explains that the central question is whether and how this can be measured, so that it offers support to the platform worker in practice.
Drivers can institute wage claims and claim rights Because according to the trade union FNV it clearly states that the Uber drivers are immediately entitled on treatment according to the Taxi collective agreement, they believe that politicians should also enforce this. For example, union leader Amrit Sewgobind stated in an action that enforcement should be arranged from above , so that individuals no longer stand behind their rights and money.
According to Wiersma, it is correct that the ruling should have been implemented immediately by Uber and that the appeal does not have a suspensive effect. The company must therefore adhere to the statutory rules of employership and the obligations under the Taxi collective agreement. “The drivers can therefore file a wage claim insofar as their remuneration has not met the (CAO) wages due to them. In addition, they can claim the other rights they are entitled to as employees.”
Parties must make their own assessment All relevant However, it is up to parties, such as the platform itself, the drivers, social partners, the tax authorities, UWV, the SZW Inspectorate and pension funds themselves to attach consequences to the ruling, says Wiersma. Because there will still be an appeal, and the ruling will therefore not be irrevocable, the parties will have to make their own assessment whether the ruling is durable enough to do so.
For enforcement, in addition to the qualification of the employment relationship, according to him, other conditions may also play a role. At the tax authorities, for example, if they themselves come to the position that there is an employment relationship, but this is not acted on, they give an instruction. This is linked to a period within which follow-up must be given. If this is not done or insufficiently done within that period, enforcement will be enforced. This can be done by means of correction obligations, additional assessments and fines.
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