Amsterdam Court of Appeal Rules Uber Drivers Are Self-Employed Contractors
Amsterdam, Tuesday 27 January 2026
The Amsterdam Court of Appeal has overturned a 2021 ruling, declaring Uber drivers independent contractors. The verdict emphasises drivers’ autonomy and financial risk, rejecting the trade union’s push for blanket employment.
A Shift to Individual Assessment
In a judgment delivered on Tuesday, 27 January 2026, the Amsterdam Court of Appeal rejected the claim that Uber drivers must be collectively classified as employees [1][2]. This ruling overturns the 2021 District Court decision, which had previously mandated that drivers fall under the Taxi Transport collective bargaining agreement [1][4]. The appellate judges determined that the employment status of drivers cannot be assessed en masse; instead, it requires an examination of individual circumstances [1][3]. Consequently, the court found that the six specific drivers involved in the appeal proceedings were operating as self-employed entrepreneurs rather than employees [2][5].
Defining Entrepreneurship in the Gig Economy
The court’s decision relied heavily on specific criteria that distinguish independent contracting from employment. In designating the six drivers as self-employed, the judges cited their significant financial investments, particularly in their own vehicles, as a primary factor [1][2]. Furthermore, the court highlighted the drivers’ autonomy, noting their freedom to choose working hours and their ability to accept or refuse specific rides [1][5]. The ruling also emphasised the entrepreneurial risks borne by the drivers, including liability and income fluctuation based on their strategic choices regarding ride acceptance [2][5]. This approach aligns with guidance provided by the Supreme Court (Hoge Raad), which had earlier clarified that entrepreneurial criteria are as significant as other factors when assessing employment relationships in the platform economy [2][7].
Industry Implications and Reactions
Maurits Schönfeld, Uber’s Director for Northern Europe, hailed the verdict as a “great victory for drivers,” stating that the court was “crystal clear” in confirming that drivers cannot be treated as a single uniform group [1][3]. This legal victory allows the platform to continue its freelance model in the Netherlands, avoiding the immediate imposition of employee benefits such as paid leave and sick days for its entire fleet [1]. The court’s refusal to issue a general ruling was based on the finding that individual circumstances among the workforce vary too widely to apply a blanket classification [2][5].
A Fractured Workforce
Despite the ruling, the trade union FNV maintains that a significant portion of the workforce operates under conditions resembling employment. The FNV estimates that of the approximately 7,000 Uber drivers in the Netherlands, roughly 2,000 rely exclusively on the app for their livelihood [6]. This suggests that approximately 28.571% of the driver base operates without the income diversification typically associated with genuine entrepreneurship. The union expressed disappointment with the outcome, with FNV director Amrit Sewgobind describing the ruling as a “juridical obstacle” rather than a definitive rejection of drivers’ rights [5][6]. The FNV is now considering an appeal to the Supreme Court or initiating proceedings for individual drivers to prove their employment status on a case-by-case basis [1][5].