The FNV union in the Netherlands and its lawsuit against Uber
The majority workers union in the Netherlands, FNV, filed a lawsuit against Uber last December to force the company to comply with the collective transport agreement. Now it has been announced that the first session will take place on June 29. Although the lawsuit is expected to spread over time, the union is fully committed to it.
According to the union, Uber’s predator company has been working on a mock construction for years, allowing drivers to work as freelancers while actually being salaried employees.
The union also claimed half a million euros in compensation for hours worked and for the union’s “reputational damage and loss of contracting power.”
Amrit Sewgobind, driver for FNV Flex and Compliance, claims that the purpose of the lawsuit is for Uber not only to behave with drivers as an employer, but also to pay them in accordance with the collective bargaining agreement. In addition, according to the driver, they must respect the rights of associated employees towards drivers.
At the time, Uber stated that it was disappointed with the move by the FNV and would have preferred to speak to the union first. However, Sewgobind believes that while Uber gives the impression that they want to talk, it shouldn’t be about the requirements. “They remain in their position and do not want to negotiate, therefore we responded that, if this is their answer, we would go to court.”
More rights in the UK
With the UK Supreme Court ruling in February, it became clear that Uber drivers in the UK would already get more rights. From now on they will be labeled as ‘workers’, rather than as self-employed. Therefore, they are entitled to paid vacation, pension and a legal minimum wage. “That is a hugely positive development, because Uber has the largest market in all of Europe,” says the director of FNV.
However, the union hopes that the lawsuit in the Netherlands will not have the same result. Sewgobind does not count on this, because the job that falls under the CLA Taxi in the Netherlands cannot be paid with the minimum wage. “If the judge agrees with us that the drivers are employees, they are also covered by the collective bargaining agreement when it comes to wages.”
According to the driver, wait times in the UK are also unpaid, while the judge has clearly stated that all the time a driver is available to Uber is work time. According to him, therefore, in the Netherlands a clear choice must be made:
“Either people are going to be treated as true self-employed, or they are granted the rights that employees have and the wages of the collective bargaining agreement that accompany them, no middle ground.”
Requires patience
The director of the FNV is happy that the lawsuit will start soon, but hopes that a final judgment is still a long way off.
“It also took almost five years in England. In all countries where there has been litigation, the case will go to the higher court.
In addition, their forecast is that if Uber loses the case, they will go to the European Court.
“I think they will do everything possible to keep their profit model afloat, in our view, the exploitation model.”
Still, Sewgobind indicates that the union is talking about drivers who, according to him, are in very bad shape. “Uber is also leaving them to their fate in the coronavirus crisis.”
He hopes that the drivers will be able to attend the session. “It is extremely important that the drivers we speak to are able to experience the test themselves.” However, due to the covid crisis, it is not yet clear in what form the hearing will take place.
The FNV union in the Netherlands and its lawsuit against Uber
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