Read the Initial Assessment published by the NCP 15 June 2022: English
Read the Final Statement published on 21 May 2025: 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), a multinational company providing platform services in the transport and delivery industry, 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 its areas of 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 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. Additionally, 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 made an offer of good offices, which both parties accepted. The good offices phase ended without mediation as the parties were not able to agree on the Terms of Reference for mediation.
On 21 May 2025, the Dutch NCP published a final statement concluding the specific instance without agreement between the parties. The NCP found that Uber had not met all expectations under the Guidelines relating to issues raised in the specific instance in three ways. First, the NCP found that Uber had not fulfilled its due diligence obligations in relation to drivers’ earnings, noting a significant risk of a gap between the actual pay and living wage. Second, Uber’s deactivation practices did not comply with the requirements for transparency, non-discrimination, and effective grievance mechanisms requirements, particularly given the risks associated with algorithmic decision-making and alleged racial bias. Third, Uber’s approach to stakeholder engagement did not meet the standard of meaningful two-way communication, as drivers and their representatives were not sufficiently involved in decisions affecting their rights and working conditions.
The NCP issued the following recommendations to Uber, particularly in reference to:
- sufficient earnings for drivers, notably in relation to achieving a living wage for drivers
- transparency in deactivating accounts, and access for drivers to an effective complaints mechanism that meets the requirements of the Guidelines
- the importance of two-way communication with drivers and organisations representing them.
The NCP will follow up on the specific instance one year after the date of publication of the final statement.