The Amsterdam Court of Appeal has accepted the request of six independent taxi drivers to be admitted as parties to the appeal in the case between Uber and FNV. These drivers do not want to join Uber and are happy that, unlike the lawsuit in September, they now have a say.
The judge ruled in September that Uber drivers are employees and the company therefore must adhere to the taxi collective agreement. The drivers should be hired immediately. Uber appealed and a discussion about what the drivers themselves want arose. While some drivers were pleased with the verdict, others indicated that they did not want to be employed by Uber or other taxi platforms.
The latter group includes the six drivers who were present at the appeal. will be. They were therefore not pleased with the fact that the court – without being a party to the lawsuit in September – decided that they should be regarded as employees of Uber. The drivers indicated that this ‘forced employment’ not only causes loss of freedom and flexibility, but also considerable damage. Damage to our earning capacity, but also having to pay back various tax schemes such as self-employed deduction, SME profit exemption and having to pay back COVID-19 support measures such as TOZO and TVL, for which we as independent entrepreneurs are eligible.”
‘Rock shocked’ Ronald Prins, owner of Prins Mobility, is one of these drivers. “We were shocked when we heard the consequences of the judge’s ruling. We will lose our independence and will have to bleed financially with our own company if the ruling is upheld.” He states that he does not feel represented by FNV in this case. “In practice, as an independent entrepreneur, I decide for myself whether I drive with the Uber app or that of another platform or not.” According to him, neither Uber nor FNV has anything to say about this. “It is therefore good that we can now tell our side of the story. There is nothing more frustrating than a negative judgment from a judge where you have not even been heard.”
The group of self-employed drivers had at the end of October 2021 already demanded through their lawyer that both Uber and the FNV do not implement the verdict, in view of the financial loss. So far, Uber has not done this either, to the chagrin of FNV. The union wants the verdict to be carried out and therefore went to court again in December to demand that Uber be imposed a penalty. The Court will first rule on this. Uber’s appeal will be heard later this year.
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