If Uber now has to comply with the taxi collective agreement and hire all its drivers, the company will lose millions of euros while it can still win an appeal. That was the defense of the American company in a case at the Court of Appeal in Amsterdam against FNV in which emotions sometimes ran high. The union is demanding that Uber comply with that earlier judgment and hire all its drivers.
According to Uber, complying with the collective labor agreement is too difficult and actually not what the judge previously imposed. According to the lawyer of the taxi app, the “legal understander” could see that the court imposed a “ruling in principle” in September, but also that Uber did not have to comply with that until a few specific cases were resolved. In addition, Uber has to spend a lot of money on cars, on-board computers, taxes and pensions, which are hardly recoverable if the company wins its appeal.
Business model Against this, FNV argued that Uber is doing everything it can to not comply with the collective labor agreement. The union “expects a publicly traded company to simply comply with a court ruling”. FNV also points out that Uber in other countries does not comply with this again and again, despite convictions. “They have hundreds of millions of euros in cash for lawsuits and settlements. That behavior is part of their business model.” According to the union, Uber must adjust its model as long as the Dutch law is as it is.
The case is a side step, a so-called incident, in the appeal against the September verdict. That the subject evokes a lot of emotions became clear when the judges gave the floor to drivers who want to remain self-employed as well as want to be employed. This threatened to cause a major discussion in the courtroom.
Hetze It almost flared up again when a number of drivers, who like to be self-employed and who have joined the case as a party, were still allowed to have their say. They accuse FNV of a smear campaign against self-employed drivers and believe that their rights are being violated. The union described this group of drivers as “tools of Uber” because the company supports them financially and hires a spokesperson for them.
The appeal on whether Uber is actually too much for its drivers to be able to consider them as self-employed is from this summer. In the meantime, the court will rule on this side step. The judges are aiming for a verdict in early August.