Should the taxi platform hire Uber drivers, or would it be better for them – right now – to continue to be self-employed? According to the union FNV, the construction used by the company is not good and most drivers earn less than the minimum wage. The union is today demanding that the judge adjust his policy and pay according to the collective labor agreement for taxi transport.
The test starts at 09.30am in Amsterdam. In order to convince the judge, the union takes the stories of about twenty drivers. Some of them are actually in court. Uber takes the experiences of about ten drivers who say they greatly appreciate the freedom to drive.
“Passenger transport is the most important thing they do, Uber is a taxi company,” said Amrit Sevkobind of union FNV. “They guide the drivers just like the employees, so they have to follow the rules for the taxi companies and pay according to the applicable collective labor contract.”
Dismissal security
If the union is right, drivers can request a contract if they no longer want to work as a part-time employee. Uber has about 4000 drivers in Amsterdam. “They receive a steady income, an hourly wage under the collective labor contract, protection against dismissal, more assurance about their hours, employee participation in the company and car costs are no longer on their own account.” According to Sevgopind, every driver who speaks to the union is now dissatisfied.
Uber says it asks the majority that they are satisfied with their situation. “We think FNV mainly serves the interests of the FNV, but not the interests of the drivers,” says Moritz Schonfeld, director of Uber Northern Europe. “They were able to decide their own day. On Tuesday afternoon, they decided not to work at the taxi company. That absolute flexibility is greatly appreciated.”
The company claims that drivers were self-employed long before Uber arrived. Both Uber and FNV expect the legal battle to last for years.
Other cases
FNV has previously sued food delivery company Delivery and Sanitation Use Helping. The case against Delivery won, and the case against Helpling was largely lost.
Still, practically nothing has changed for delivery providers. The company has always appealed against judgments, with the result that providers still work as part-time employees. In food delivery service, the court ruled that the relationship between the supplier and the company is very similar to the employment contract. The freedom of the liberators is not affected.
Uber thinks construction is very different in their company. “This issue is separate from the delivery case,” says Schonfeld. “To start as an entrepreneur a driver must invest heavily, for example in a car and training.”
Law
Cases have been filed against Uber in several European countries, including Switzerland, the United Kingdom and Belgium. In the United Kingdom, Uber has classified about 70,000 drivers Worker, Thereby giving them a minimum wage and holiday pay. The company points out that that classification exists only in the United Kingdom.
