July 2022 - Netherlands - Uber / Staat der Nederlanden

Ruling on July 18, 2022

ECLI/ Case No: ECLI:NL:RBDHA:2022:711

Authority: Cantonial Court Den Haag

Parties: Uber/Staat der Nederlanden

Subject: Validity of the decision to declare the collective bargaining agreement for the Taxi industry generally binding.

Summary of facts: The cantonal court Amsterdam ruled on 13 September 2021 that Uber drivers are employees and that Uber falls under the scope of the collective bargaining agreement for Taxi Transport. The Minister for Social Affairs and Employment declared the cba generally binding, starting from 19 May 2022. In these proceeding Uber claims that the decision to declare the cba generally binding is invalid because the cba was not already binding for an important majority of the workers in the industry. Because of the decision of 13 September 2021 the Minister should have included the Uber-drivers in the calculation of the representativeness.

Ruling: The decision to declare the Taxi Transport cba generally binding was valid.