The outcome of the case is important for the discussion about sham constructions. According to trade unions, more and more sectors employ employees as freelancers in order to save on labor costs. In this way, employers could evade taxes and social security contributions.
“Real self-employed people can determine their own rates and choose which ride they take,” said FNV director Amrit Sewgobind. “That’s not the case with Uber.” FNV demands that Uber acknowledge that it employs drivers and will therefore apply the taxi collective agreement.
Uber itself says it does not recognize itself in the criticism. “Independence is a great asset and must be preserved,” said Maurits Schönfeld, general manager of Uber Northern Europe. “We keep hearing that in the conversations we have with drivers. They indicate that they prefer to remain independent.”
The CEO indicates that something needs to be done about the protection and pension provisions of drivers. “We are discussing this with drivers. But we also have to wait for the politicians to determine the rules about independence.”
The cabinet promised to come up with an approach for such constructions, but announced in November that it would leave the plans to a new cabinet.
Trade union FNV already went to court earlier because of the accusation of sham constructions at platforms Temper and Deliveroo.