Legal precedent set as court rules Uber driver is an employee

A Brussels labour court has ruled in favour of classifying an Uber driver not as an independent contractor, but as an employee entitled to the same protections and benefits as traditional workers, in a ruling that could set a legal precedent for other workers using the platform.

The CSC trade union hailed the ruling as a major victory against the long-denounced exploitation of gig workers.

“We’re fighting against the organisation of a service with falsely independent contractors to circumvent labour law and workers' social rights,” the union confederation said in a statement.

“We hope that this important court decision will be quickly followed up by the relevant authorities.”

The case dates back to 2020 when a driver for the American megacorporation Uber contested his status as a self-employed contractor on the grounds that he believed the Uber platform organised and controlled his work.

The courts agreed and ruled that this was an employment relationship, but Uber lodged an appeal, which it won. The driver then appealed, and now the courts have settled the matter in his favour.

But in the meantime, critics say that nothing has changed in the realities of the thousands of people who rely on unstable wages earned through gig work.

“Nothing has changed on the ground. Meal delivery drivers working for Uber or Deliveroo are still not declared as employees,” the CSC said.

“It’s unacceptable that, even though the law and the courts are on their side, platform workers do not receive the remuneration, benefits and rights they deserve for their work.”

It remains to be seen what the concrete consequences of the latest ruling will be, as this is the first case concerning the employment status of an Uber driver.

At the end of 2023, there was a similar ruling concerning Deliveroo meal delivery drivers.

“Uber could still go to the Court of Cassation to gain time,” said Martin Willems of ACV United Freelancers union, saying it is now mainly a matter of waiting to see what the National Social Security Office (ONSS) will do on the basis of symbolic cases such as this one.

“We are asking the ONSS to extend the treatment of the employment relationship to all Uber drivers and meal delivery drivers for Deliveroo and Uber Eats,” Willems said.

“The ONSS has said it will investigate, but we are still waiting for a response.”

An estimated 6,000 to 7,000 meal delivery drivers work for Deliveroo or Uber Eats in Belgium, along with about 2,000 Uber drivers in the Brussels region alone, according to Willems.

In a response, Uber said it was "disappointed" with the labour court's ruling and repeated its stance that the app gives drivers "freedom and flexibility".

Uber has reportedly banned any drivers or UberEats workers who have lobbied the courts for labour protection and rights from their platform, effectively cutting off their ability to earn money.