Read the Initial Assessment published by the NCP 15 June 2022: English

On 6 April 2021, International Alliance of App-Based Transport Workers (IAATW), a trade union, submitted a specific instance to the Dutch NCP alleging that Uber Technologies, Inc. (Uber) had not observed the General Policies (Chapter II), Human Rights (Chapter IV), and Employment and Industrial Relations (Chapter V) provisions of the Guidelines. Specifically, issues relate to an alleged failure by the company to carry out adequate due diligence in relation to drivers’ health and safety, drivers’ earnings and hours and Uber’s deactivation and blocking practices throughout its global operations. Additionally, submitters allege that Uber has not meaningfully monitored how the COVID-19 pandemic has impacted drivers across the areas of its operations and failed to communicate effectively or transparently with drivers, or drivers’ representatives, regarding their business operations in these areas. The submitters state that the issues raised occur in operations in multiple OECD member states and key partner states, including: Costa Rica, India, Nigeria, Panama, South Africa, the United Kingdom, and Uruguay.

The Dutch NCP coordinated with the NCPs of Costa Rica, the United Kingdom, and the United States. They agreed that the Dutch NCP was willing and able to lead the handling procedures because one of the Dutch Uber Group companies (Uber B.V.), serves as a contracting entity for drivers in certain countries, including (at least) several of the countries (Costa Rica, Nigeria, Panama, South Africa, Uruguay) mentioned in the submission. In addition to that, Uber has chosen the Netherlands as the locus for arbitration concerning these contracts.

On 15 January 2022, the Dutch NCP published an initial assessment deciding to accept the specific instance for further consideration. The NCP will move to the good offices phase of the procedure, in which the parties have both agreed to participate.