[HN Gopher] Uber must employ its drivers, Dutch court rules
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       Uber must employ its drivers, Dutch court rules
        
       Author : jsiepkes
       Score  : 434 points
       Date   : 2021-09-13 09:53 UTC (13 hours ago)
        
 (HTM) web link (nltimes.nl)
 (TXT) w3m dump (nltimes.nl)
        
       | throw_m239339 wrote:
       | I remember quite well some people here claiming that Uber was
       | just about to replace all their drivers with autonomous cars. It
       | was back in 2015... we're in 2021.
        
         | ur-whale wrote:
         | > replace all their drivers with autonomous cars.
         | 
         | And now, they have been given a huge incentive to do just that.
         | 
         | Way to foster innovation Dutch govt. !
        
         | weijoi wrote:
         | No driver - no problem. Communists will downvote this comment
         | :D
        
         | teekert wrote:
         | It's happening in the year of Linux on the desktop.
        
           | the-dude wrote:
           | We can invent something new : _The year of the Linux driver_
        
             | shaan7 wrote:
             | Or, "When Linux becomes your daily driver" ;)
        
           | cblconfederate wrote:
           | and apple web notifications
        
         | Cthulhu_ wrote:
         | Autonomous cars are more expensive than drivers; the only
         | reason they dislike having real drivers is that they have a
         | voice.
        
           | hmate9 wrote:
           | Over the long run there is no way that autonomous cars are
           | more expensive
        
             | XCSme wrote:
             | Depends on how often they crash.
        
             | Ekaros wrote:
             | Depends on how much more expensive autonomous car is. If
             | such car is 1 million and regular is 100k and lifetime of
             | both is 5 years you can pay more than 20 per hour to
             | driver...
        
               | wwtrv wrote:
               | Creating an autonomous car in the first place is the
               | expensive part, the marginal cost can't be significantly
               | higher than the cost of a regular car.
        
               | tgsovlerkhgsel wrote:
               | The hardware (ML chips, failsafe systems, LIDAR, radar,
               | cameras, other sensors) isn't cheap. I'd expect an
               | autonomous car to cost at least 5k-10k more if mass
               | produced at a similar scale, and probably more than that
               | in practice due to smaller numbers. Plus R&D of course.
        
             | kristopolous wrote:
             | Who's liable if the driver crashes?
             | 
             | Who's liable if the automated car crashes?
             | 
             | Uber doesn't want to be responsible for the risks
             | associated with their reward.
        
               | Someone wrote:
               | > Who's liable if the driver crashes?
               | 
               | Depends. If the driver is judged to be an employee, the
               | employer can be liable, depending on circumstances.
               | 
               | Extreme ends of the spectrum:
               | 
               | - Company didn't and couldn't know that the driver was
               | too drunk/tired to drive
               | 
               | - Employee complained about working hours and traffic
               | conditions; employer threatened employee with dismissal.
               | 
               | > Who's liable if the automated car crashes?
               | 
               | Again, depends. Could be the taxi company, the car owner,
               | the manufacturer, even the driver (if they ignored
               | zillions of warnings from the car, for example)
        
             | asdff wrote:
             | Often times an expensive machine with an expensive service
             | contract that requires an expensive technician is often a
             | lot more expensive than just hiring someone for minimum
             | wage and offering zero benefits. It's why McDonalds has had
             | technology to automate burger flipping since the invention
             | of the integrated circuit but prefers to use cheaper part
             | time labor instead to this day, and why car factories only
             | started using more automation and reducing headcounts in
             | factories only after labor unions began demanding better
             | pay and benefits.
        
             | paulcole wrote:
             | autonomous cars have to exist before we can debate which is
             | less expensive.
             | 
             | right now it's like debating which is less expensive
             | unicorns or leprechauns.
        
       | hoppyhoppy2 wrote:
       | See also https://news.ycombinator.com/item?id=28509506
        
       | LatteLazy wrote:
       | We really need to review "employment" as a legal concept. Most of
       | these systems were set up post ww2. They worked ok when everyone
       | was working full time as employees of single large companies, in
       | factories where their time was directed.
       | 
       | It no longer works in on demand economies, with variable hours
       | and self employment and people working multiple jobs.
        
         | gjulianm wrote:
         | > It no longer works in on demand economies, with variable
         | hours and self employment and people working multiple jobs.
         | 
         | Why? There are people who work variable hours, self employment
         | and working multiple jobs. They're called freelancers. You can
         | freelance in most countries, and it's not a problem. What is a
         | problem is Uber and gig economy companies saying that the
         | people that work for them are "actually freelancers" as an
         | excuse to offload costs onto the workers, who don't get any of
         | the advantages of being a freelance (they always work under the
         | conditions for these companies, with no power of negotiation.
        
           | LatteLazy wrote:
           | There are 1000s of small ways it doesnt work:
           | 
           | * In the uk, you and your employer pay national insurance if
           | you earn over a given limit. Thats fine for an uber driver
           | who becomes an employee instead of self employed.
           | 
           | * but your employer only pays if you earn over X. So
           | employers have a big incentive to stop you earning over thst
           | limit. You see this in the US with workers being kept at 1h
           | less than full time to avoid paying for health insurance. So
           | now we're limiting the income of the people we're meant to be
           | helping!?
           | 
           | * plus in the uk, your contributions only count if you do a
           | full year. Thats fine if you're a full time employee, you
           | work 52 weeks (and when you're on holiday you're paid and
           | that includes NI contributions), and your wage is the same
           | every week. But if an uber driver misses a pay period or has
           | a slow month, he paid a lot of NI and gets no credit for it.
           | Nor can he claim it back.
           | 
           | * plus now, as an employee, your expenses are not tax
           | deductable.
           | 
           | Im not being anti-worker. But our current systems arent fit
           | for purpose anymore. We need to review them. Thats benefits,
           | workers rights and the tax code.
           | 
           | Why dont we just charge a percentage of earnings and then
           | base unemployment payout on that?
           | 
           | Because in 1950 someone dreamt up this system and designed it
           | so we could support men working full time in factories and to
           | operate using just pen and paper but cause computers didnt
           | exist. 70 years later, we have the same system with 101 bits
           | of crap bolted on. And it isnt working.
        
             | gjulianm wrote:
             | None of the issues you mentioned are fundamental to the
             | employee system. I am not familiar with the issues you
             | mentioned in Spain, for example.
             | 
             | You can see issues in any system. But that doesn't mean it
             | isn't working fundamentally. I'm all for reviewing and
             | improving the system, adapting it for new jobs and ways of
             | working. But those changes cannot be an excuse to slash
             | benefits and worker rights, which is what Uber has been
             | doing for years.
        
       | hobom wrote:
       | Unfortunate consequence of a legacy legal system. Uber drivers
       | are clearly neither quite like employees nor are they
       | entrepreneurs, and the law should come up with a fitting category
       | that ensures they are protected from exploitation but continue to
       | enjoy some of the freedoms associated with the gig economy.
        
         | dahfizz wrote:
         | This is also my stance. Everyone debates whether Uber drivers
         | and gig workers are employees or contractors: They are clearly
         | neither. But people love a dichotomy, I guess.
        
         | Frost1x wrote:
         | And after you define this mid-point employment classification
         | between traditionally employed and self employed, businesses
         | who hold the leverage will look at the segments from
         | traditionally employed to the new mid-point as we as self-
         | employed to the new midpoint.
         | 
         | They'll then choose which classification gymnastics they can
         | perform under the legal language and optimize on to minimize
         | their labor costs. That'll take a couple years and the law
         | change to catchup to this abusive behavior avoiding the intent
         | of the law will take another 10-30 years, and we'll repeat the
         | process.
         | 
         | We need better definitions for the labor relation that make it
         | difficult to play these optimization games created simply to
         | optimize on labor and more significant consequences for that
         | behavior to encourage businesses to innovate in other areas
         | (like, I don't know, technology, new products, improved
         | products, etc.) instead of simply extracting wealth from their
         | own workforces.
         | 
         | To be fair to Uber they did create new value in finding and
         | scheduling rides/taxies and I think that is a valuable service.
         | That infrastructure and convenience has a cost though. No
         | longer do you need to hail a taxi and deal with trying to pass
         | directions, miscommunication of destination and charge rates
         | and so on. But it seems they've passed many of those costs onto
         | the drivers themselves and probably consumers to assure a
         | certain sort of profit margin per transaction.
        
         | MomoXenosaga wrote:
         | I fully agree but I don't believe Uber has the best interests
         | of society in mind and care more about their investors.
         | Exploitation of workers would be a feature to them not a bug.
        
         | yawnxyz wrote:
         | This ruling against Uber doesn't seem to affect Blablacar, a
         | European competitor that lets you set your own prices.
         | 
         | If anything, Uber should let you set prices, and show a
         | competitive market price.
        
           | arnaudsm wrote:
           | I wouldn't compare Blablacar with Uber. Most drivers use the
           | service once a month to cover fuel cost and meet people
           | during occasional trips.
        
             | irtigor wrote:
             | I agree with you in my area it replaces some FB groups for
             | long distance drives/hitchhiking (a hour or more of driving
             | is not unusual), but not taxis/uber, because the driver
             | sets a price, when they will arrive and where they will
             | meet/drop you (usually a gas station), it is also generally
             | true that it is just gas money (cheaper than a uber fare of
             | the same distance). There is a uber-like service where the
             | passenger makes a fare offer and if I'm not mistaken the
             | driver can make a counter offer, it is called indriver, but
             | I don't know if it exists there.
        
         | kevincox wrote:
         | Possibly a better option is to remove these categories
         | together. What would happen if we struck the whole concept of
         | "Employment" from the law. As a person you just had the chance
         | to get income. We can retarget all of the laws and benefits
         | previously using Employment to be about income instead. If you
         | make an income you can pay into a pension, pay taxes...
         | Everyone is entitled to some number of vacations and sick days
         | that can not be taken away from a contract. (any contract)
         | 
         | I'm sure there are some complexities due to the weaker
         | relationship between the two, but it seems like it would be
         | beneficial to remove this somewhat artificial cliff between
         | self-employed contractors or employees which is almost
         | certainly more of a septum. (For example freelance picking up
         | jobs posted to a public job board, to a contractor in frequent
         | contracts with multiple companies, to a contractor working with
         | a single company, to an employee which works with one company.)
        
           | [deleted]
        
         | ByteWelder wrote:
         | The regulations in The Netherlands in this regard have recently
         | (May 20160) been updated to prevent fake freelance/independent
         | status.
         | 
         | There are a bunch of guidelines, but the main factors generally
         | boil down to these questions: Is the employee working for a
         | single employer? How much independence do they have? (e.g.
         | holidays, working hours, etc.) Were the contract details
         | mandated by the employer? etc.
         | 
         | Sources (in Dutch): -
         | https://www.ondernemenmetpersoneel.nl/orienteren/dienstverba...
         | - https://noestadvocatuur.nl/zzper-werknemer/
        
           | dahfizz wrote:
           | Those three questions seem pretty weak to me.
           | 
           | Its not hard to imagine a software engineer who likes to work
           | a part time job on the weekends, gets to set their own hours
           | as long as they complete assigned tickets, and who negotiated
           | their employment contract aggressively. That person would
           | still be an employee.
        
       | hkt wrote:
       | I don't know exactly how it works in Holland, but in the UK we're
       | now in a funny situation whereby an Uber is almost more ethical
       | than a taxi - once the employees get proper sick pay, PTO etc,
       | that is.
        
       | ChicagoDave wrote:
       | If this ever happens in the U.S. I won't bother with driving Uber
       | anymore and this would probably put them out of business. The
       | Taxi industry will win back from the disruption that Uber caused.
       | 
       | This has nothing to do with worker's rights. No one gave a crap
       | about Taxi driver's work standards and they are/were treated
       | worse than Uber drivers.
       | 
       | This is all about the Taxi industry fighting back.
       | 
       | 75% of all ride share drivers would prefer to remain independent.
       | 
       | In Chicago, I can make $42/hour driving Uber. I still don't
       | understand how anyone can claim I'm being mistreated.
        
         | dml2135 wrote:
         | Do you mind if I ask your methodology for the $42/hour number?
         | Do you take your vehicle's depreciation into account?
        
           | ChicagoDave wrote:
           | If I subtract my entire vehicle cost over three years, I'm
           | still making $25/hr or more.
           | 
           | But everyone seems to forget that it's the independence that
           | driver's love. I can turn the app on/off whenever I feel like
           | it. That's a level of freedom that no other "job" offers.
        
         | ChicagoDave wrote:
         | I also have never heard a proven argument against Uber.
         | 
         | - Uber passengers LOVE the service. Way more than taxi service
         | or public transportation. - Since Uber started, drunk driving
         | injuries/fatalities are down 30%-35%. - Drivers can be anyone
         | with a working car. There is no "interview". You get background
         | checked and your car is inspected. - Drivers get to write off
         | miles. - Drivers get discounts on service at Jiffy Lube and
         | tire stores.
         | 
         | Now if people are worried about employment practices, why not
         | look at Walmart, Amazon, Target, and most retail stores. They
         | intentionally staff people with erratic weekly hours, keeping
         | shifts to 4 hours (no breaks or lunches required) and no one
         | reaches 35 hours to enforce benefits.
         | 
         | You can't compare Uber to Retail.
         | 
         | I'm 100% liberal and support progressive worker protection, but
         | Uber isn't actually hurting anyone. Only the Taxi industry and
         | the cities that used to make a fortune on selling "medallions"
         | to license taxis. In Chicago those were $400k and in NYC they
         | were even more. So imaging you're a Taxi company with 200
         | medallions. Uber basically just shredded your net worth.
         | 
         | That's who has really seen pain. Not workers.
        
           | w-j-w wrote:
           | Customers love Uber for the same reason they loved pets.com:
           | the prices are artificially low. A fair comparison between
           | Uber and traditional taxis hasn't happened yet because Uber
           | is hysterically unprofitable.
        
           | aqsalose wrote:
           | >Now if people are worried about employment practices, why
           | not look at Walmart, Amazon, Target, and most retail stores.
           | They intentionally staff people with erratic weekly hours,
           | keeping shifts to 4 hours (no breaks or lunches required) and
           | no one reaches 35 hours to enforce benefits.
           | 
           | Is there Target in the Netherlands?
        
             | richwater wrote:
             | > They intentionally staff people with erratic weekly
             | hours, keeping shifts to 4 hours
             | 
             | I literally have family members who work full shifts.
             | You're taking anecdotal examples and extrapolating that to
             | the entire retail force. dumb opinion.
        
             | maslam wrote:
             | No. We respect our workers too much.
        
         | blueboo wrote:
         | A recent study suggests Chicago drivers earn less than minimum
         | wage.
         | 
         | > After accounting for driving expenses and self-employment
         | taxes, the average TNP driver in Chicago earns about 3% to 5%
         | less than minimum wage. In 2019, drivers earned $12.30 per
         | hour, or 5% less than the city's minimum wage of $13 per hour
         | at the time. In 2020, drivers earn slightly above minimum wage,
         | but the hourly rate of pay was artificially inflated due to the
         | reduction of traffic congestion on Chicago roads. With pre-
         | pandemic levels of traffic congestion, drivers would have only
         | earned an hourly wage of $13.62 per hour after expenses and
         | taxes, which is 3% below the city's minimum wage of $14 per
         | hour at the time. The authors note that the city's minimum wage
         | will increase to $15 per hour on July 1, 2021.
         | 
         | https://illinoisupdate.com/2021/01/26/release-the-average-ub...
         | 
         | Hm.
        
           | kristopolous wrote:
           | Well good thing independent contractors are exempt from
           | minimum wage laws! And union protections, mandatory breaks,
           | sick days, workers compensation, health insurance, overtime
           | pay, discrimination law, unemployment insurance, employer
           | liabilities to social security pay...
           | 
           | Wait a minute, I think this is intentional! Can you imagine
           | an employer trying to subvert the gains of the labor
           | movement?!
        
             | ChicagoDave wrote:
             | Uber isn't subverting the labor movement. It's a very small
             | part of the overall economy. Go look at bigger industry
             | practices to find the bad guys.
             | 
             | The Uber model will never translate to Retail, Tech,
             | Banking, Finance, Healthcare.
             | 
             | It does translate to transportation, food and package
             | delivery. Let the disruption make capitalism more
             | efficient. Focus on areas where a balance is important,
             | like making healthcare and college universally free.
        
           | Manuel_D wrote:
           | So it's unskilled labor that offers the same (+/- a single
           | digit percentage) pay after expenses as compared to other
           | minimum wage jobs, but offers substantially better
           | flexibility of hours. I can still see why plenty of people
           | would prefer it to flipping burgers.
        
           | ChicagoDave wrote:
           | I 100% refute that story. After taxes I'm still making close
           | to $30/hr. I get to write off mileage at $.58/mile so my
           | taxes get lowered.
           | 
           | I can show anyone my weekly driver log that shows how many
           | hours I drove and how much I was paid. It is at least $42/hr
           | and on weekends it can be $50/hr.
        
             | aeturnum wrote:
             | The take away here is not that you are wrong or that Uber
             | is a bad choice for everyone. It's that some number of
             | people provide diving services to Uber at a rate lower than
             | we generally allow.
             | 
             | So it's about if we want to let companies hire individuals
             | to do contract work that would be below the level we would
             | allow someone to hire an employee. And, if we do (which I
             | think we should) how do we set the standards of such an
             | arrangement? Being an app driver is clearly different from
             | being a traditional independent contractor (handyman, etc),
             | but it is also different from being an employee. What a
             | fair and just version of this relationship looks like is,
             | to me, obviously unsettled.
             | 
             | P.s. Uber lost ~$4.5B last year on ~$11B revenue. It does
             | not seem reasonable to say that the payment rates you've
             | been getting represent what Uber 'will be' in a long term
             | way. The economic situation is not sustainable.
        
               | ChicagoDave wrote:
               | Uber reported a profit in the last quarter. Turns out,
               | the food delivery business is really profitable.
        
       | weijoi wrote:
       | Soviet Union also successfully required that everyone will be
       | officially employed.
        
         | have_faith wrote:
         | This isn't mandating that uber has to hire these people, or
         | that these people have to have jobs, it's that if Uber wants
         | them to work an amount of hours equivalant to a full time
         | emlpoyee then they need to not pretend that they're not full
         | time employees.
        
           | 988747 wrote:
           | The amount of time worked has nothing to do with it -
           | contractors in other industries typically work long hours.
           | The reasoning is that contractors should retain some level of
           | independence, like choosing their rides, and setting their
           | own prices, for example. Uber is micromanaging all driver's
           | daily activities, which is antithesis of being independent
           | contractor.
        
         | srmarm wrote:
         | What's that supposed to mean? Dutch people can still be self-
         | employed - this ruling applies to one particular employer that
         | has been pretending it's staff are self-employed.
        
       | SMAAART wrote:
       | What we have here is a unique, unprecedented, real life
       | experiment in Game Theory.
       | 
       | Possible outcomes:
       | 
       | - Uber could pull out from the Netherlands
       | 
       | - Drivers in the Netherlands could organize themselves, but they
       | will need a structure similar to Uber
       | 
       | - Other countries will follow the Netherlands ruling
       | 
       | We could see the implosion of the gig economy (doubt it) or -
       | most probably - some places like the Netherlands will be gig-
       | economy-free zones; and we'll see the impact on their economies.
        
         | Telluur wrote:
         | Uber could pull out from NL, and not be missed, as the country
         | is not super car dependent to start with. Taxi's (or uber like
         | services) are rarely used here. People mostly walk, bike or
         | take public transport.
         | 
         | As for the implosion of the gig economy, I doubt it too. We've
         | had a neo-liberal gov for the last 12 years, and they've pushed
         | the gig economy (successfully) within the boundaries of north
         | western EU social democracy (Dutch: ZZP).
         | 
         | What we are witnessing here is the courts pushing back on
         | companies abusing the system. They can't have it both ways;
         | wanting flexible workers with those kinds of wages, with
         | demanding 'contracts' akin to employee contracts.
        
         | adwww wrote:
         | > Other countries will follow the Netherlands ruling
         | 
         | Dozens of other jurisdictions seem to have ruled similar
         | already, but for whatever reason, with limited change yet.
         | 
         | I'm not sure why not. Possibly stuck in various appeals, or
         | maybe Uber made some other small change and waited to get sued
         | again?
        
         | sbilstein wrote:
         | I think the competitive advantages of Uber will weaken with all
         | these legal challenges. In NYC, as Uber prices increased
         | dramatically after the pandemic began to wane, folks just
         | starting catching cabs again. The cabs use ride hailing apps. I
         | no longer care about the rating system or any of that. It is
         | fine.
         | 
         | In Israel, we use Gett. It's fine.
        
           | devcpp wrote:
           | And Gett is dependent on the taxi cartel, its excessive
           | price, the black market of taxi medallions, etc. It's a
           | nonsensical market and we're overdue a shared transport
           | option. Good luck getting around on Saturday.
           | 
           | All because it's illegal to take money to transport someone
           | from A to B without an exorbitant license for no specific
           | reason.
        
         | tzs wrote:
         | Or Uber could start _actually_ offering the service they claim
         | to offer: providing a marketplace where independent freelance
         | drivers can offer rides and people needing rides can buy them.
        
         | criddell wrote:
         | When the city of Austin, TX added some minor regulations around
         | ride share companies, Uber and Lyft left the city. About 24
         | hours later, ten new services started up. Shortly after that,
         | Uber and Lyft came back.
        
           | xur17 wrote:
           | But the quick startup time / ability for small startups to
           | compete was likely due to being able to hire contractors vs
           | "employing" the drivers.
        
       | [deleted]
        
       | CryptoPunk wrote:
       | Ah yes, the war against the free market continues, unabated.
       | Certain tenets of socialist ideology - like the idea that large
       | companies exploit the masses if afforded contract liberty - are
       | so deeply ingrained in the collective psyche, that they are never
       | even questioned.
       | 
       | The beliefs of fringe groups rest on a set of absurd conspiracy
       | theories, like vaccines being harmful to public health, and
       | pushed on the population merely to profit Big Pharma. But the
       | beliefs of the mainstream rest on a set of equally absurd
       | conspiracy theories, and all of them based on socialist class
       | warfare narratives. It is in the interests of a critical mass of
       | special interest groups, who hold political power, for people to
       | believe in these conspiracy theories.
        
       | christkv wrote:
       | One thing I've noticed with food delivery companies here is the
       | obvious fraudulent identities of the delivery people. The photo
       | shows a completely different person than the one showing up with
       | the delivery leading me to think there is some sort of trade of
       | delivery accounts happening to allow undocumented workers to
       | pretend working legally with someone taking a cut of the
       | earnings.
        
       | pjmlp wrote:
       | I love when US companies get to learn our unions and work laws
       | are actually to be followed upon.
        
         | drstewart wrote:
         | Yeah, it's the environmental and corruption laws you get to
         | skirt in Europe! Just ask VW, FIFA, or any bank. So much more
         | progressive.
         | 
         | Also:
         | https://www.ft.com/content/5b986586-0f85-47d5-8edb-3b49398e2...
        
         | dang wrote:
         | Please don't post shallow provocations to HN, and especially
         | don't take HN threads into political or (god help us)
         | nationalistic flamewar. None of that is what this site is for.
         | 
         | https://news.ycombinator.com/newsguidelines.html
        
         | amelius wrote:
         | But why did it take so long?
        
           | yawaworht1978 wrote:
           | Indeed, probably massive delays by Ubers legal team. The
           | whitelisting principle should apply for such things, this
           | disrupt now, ask later is just a trick to gain market share
           | at the expense of taxpayers and employees and competition
           | which abides by the regulations.
        
         | junon wrote:
         | The US's are too, to be fair. The laws just suck to begin with,
         | unlike most European countries'.
        
           | mithusingh32 wrote:
           | Or if you have enough money to by pass the laws all together.
           | 
           | Take a look at HSBC[1][2]....they got caught laundering money
           | for Mexican cartel and helped NK/Iran circumvent the nuclear
           | sanctions. They were given a slap on the wrist of 2 billion
           | dollars in fines. (Can't find the source but they were also
           | caught transferring money to known terrorist groups)
           | 
           | If anyone is interested there is a Netflix show they covers
           | this. I think it's called Dirty Money. [3]
           | 
           | [1] https://en.m.wikipedia.org/wiki/HSBC#Money_laundering [2]
           | https://en.m.wikipedia.org/wiki/HSBC#US_Senate_investigation.
           | .. [3]
           | https://www.netflix.com/title/80118100?preventIntent=true
        
             | junon wrote:
             | Okay but they were still caught and fined. That doesn't
             | negate my point, nor is a sample size of 1 anything to
             | write home about.
        
       | bserge wrote:
       | Why doesn't Uber employ them and guarantee minimum wage, anything
       | extra is a bonus?
       | 
       | Is it just the extra employee costs on the company side?
        
         | lozenge wrote:
         | The most noticeable difference between Uber and other services
         | in my city was the waiting time. 3-6 minutes versus 15-20
         | minutes.
         | 
         | This is achieved by having a lot of underpaid drivers idling or
         | parked nearby.
         | 
         | Minimum wage kills that advantage.
        
           | bserge wrote:
           | I see the advantage of a lot of unpaid drivers, but they also
           | aren't morons.
           | 
           | Most Uber drivers say they make good money (all that I've
           | met, too), which imo means better than a minimum wage job
           | like warehousing or w/e.
           | 
           | They wouldn't do the job if it meant idling without pay. They
           | couldn't, as it would just burn money.
        
             | mellavora wrote:
             | And how many of the uber drivers who said they were making
             | good money were good at math? People think lots of things
             | to convince themselves that they are doing ok, when a more
             | objective look says 'maybe not'.
             | 
             | I recall one uber ride I had in Kentucky, driver was a
             | retired accountant. He said he figured he was earning about
             | $2/hr after costs. He said he liked it because it got him
             | out of the house and gave him something to do.
        
               | bserge wrote:
               | Don't need math when you can't pay for fuel.
               | 
               | The people not making enough quit, as I said.
               | 
               | There seems to be this weird thinking that gig workers
               | are _all_ exploited.
               | 
               | Meanwhile many Deliveroo workers make 2000+/mo in the UK
               | and immigrants in factories get wages withheld for PPE
               | and "damage to equipment" in Germany. Not even speaking
               | about the farm workers.
               | 
               | I don't even care about all this, I was wondering if Uber
               | can make it work legally.
        
         | ianleeclark wrote:
         | If you do such a thing, then you need to start worrying about
         | local labor laws, vacation time, healthcare in the US, sick
         | leave, etc. The gig economy works by circumventing these
         | things.
        
           | [deleted]
        
             | tonyedgecombe wrote:
             | They aren't hard but they do have costs. Once you start
             | paying for them then your offering doesn't look much
             | different to traditional taxi companies.
        
         | lr4444lr wrote:
         | It's more than just the wage: insurance, HR compliance,
         | employee taxes... hiring is expensive.
        
         | aikinai wrote:
         | Then Uber would have to decide who works when and for how long.
         | Right now it's controlled by supply and demand through pricing
         | algorithms.
        
           | bserge wrote:
           | OK, bear with me here. Same system as now, but if you make
           | less than minimum hourly wage (calculated every month), the
           | company covers the difference.
           | 
           | I am pretty sure the drivers would nearly always make more
           | than that.
           | 
           | Or is it illegal to just have employees set their own
           | time/targets?
        
             | maccolgan wrote:
             | Okay, now, who pays for the difference?
        
             | phicoh wrote:
             | It gets expensive when drivers game the system. What
             | happens when a driver just stops driving? You have to fire
             | them. Which can take quite a bit of effort. What if a
             | driver calls in sick? You have to check that.
             | 
             | If a driver is an employee, who provides the car?
        
               | mellavora wrote:
               | And who provides the car insurance? And who verifies that
               | that insurance allows commercial use of the vehicle?
               | 
               | oh, whoops, forgot that most uber drivers are on non-
               | commercial car insurance...
        
               | bserge wrote:
               | Those don't seem like big problems to me, but Uber knows
               | the game better. I just think it could work while being
               | legal.
        
       | axkdev wrote:
       | I hope uber goes bankrupt and we forget about all of this
       | insanity. In Germany where I live the taxi service is amassing,
       | at least in my city can't say for whole country. They are quick
       | clean the drivers are professionals and not some randos who will
       | break rules to get there faster or drive so insanely that you
       | want to puke. They know the city by heart and don't use
       | navigators. Due to being professionals they are compensated more
       | fairly than in other countries and they have benefits like all
       | other employees. Also if you like using apps you can do that with
       | normal taxi as well.
       | 
       | In my home country (Eastern Europe) I took ubers that made me
       | think I'm gonna die in them.
        
         | drstewart wrote:
         | I hope all the taxi drivers in Germany go bankrupt and we
         | forget they ever existed.
        
           | freemint wrote:
           | Why? Also Taxi Driver can't really go bankrupt since they are
           | employees. Taxi companies however can.
        
             | Ekaros wrote:
             | Some taxi drivers in some countries are sole
             | proprietorship, technically companies, but still I would
             | call such driver going bankrupt for failing to pay lease a
             | not a employee.
        
         | bserge wrote:
         | > They know the city by heart and don't use navigators
         | 
         | Questionable pro, but OK
        
           | axkdev wrote:
           | They don't waste valuable time asking how do you spell the
           | street and so on. Also it indicates that they are working in
           | the area for a long time, so to me it adds credibility. With
           | uber drivers it's always a gamble. Most people are nice, but
           | that <1% of psychopaths can really ruin your day.
        
             | yarabarla wrote:
             | Why are they asking how the street should be spelled? They
             | can get your destination from the app.
        
         | campl3r wrote:
         | that has not been my experience. As a German having used taxis
         | in many German cities I do prefer taking an US Uber over any
         | German taxi every time.
        
       | 988747 wrote:
       | > "We know that the vast majority of drivers would like to remain
       | independent," said Maurits Schonfeld, general manager of Uber in
       | Northern Europe
       | 
       | That's funny, because the court's reasoning was that drivers in
       | their daily work are almost completely dependent on Uber, which
       | calls all the shots.
        
         | nulbyte wrote:
         | I feel this is very disingenuous on Uber's part. Either it's
         | just their way of distracting from the actual point, or they
         | really don't understand what is happening. The case wasn't
         | about what driver's prefer, but about the reality of driving
         | for Uber. What small bit of independence drivers had in setting
         | their own hours is not necessarily eroded by this ruling. It
         | just means Uber will have to (gasp!) innovate to deal with a
         | few specific things. I think Uber making cases like these out
         | to require fundamental changes to the business model is absurd.
        
           | xputer wrote:
           | Yes, also it is to be expected that Uber has a large number
           | of drivers that only do a couple of riders per week while a
           | smaller number of drivers work full time. The larger number
           | of drivers that only do a few rides of course would be in
           | favor of flexibility, but this ruling is as far as I
           | understand mainly about protecting those who work for Uber
           | full time.
        
       | BLanen wrote:
       | Good.
       | 
       | Uber is a unsustainable business built employee exploitation to
       | effectively pay them less than minimum wage while flouting
       | "freedom" to bait the people in the worst situations. This was
       | known from the start. Meanwhile subsidising rides with investor-
       | cash to effectively bait-and-switch society. The recent-ish price
       | hikes are only a start.
       | 
       | Anyone repeating their PR should be ashamed. "gigs" are cancer or
       | wait, this is hackernews so "Gig-economy considered harmful" is
       | the correct nomenclature I guess.
        
         | safog wrote:
         | Yes, clearly you're a smart one and can see things clearly and
         | none of the poor Uber drivers are smart enough to figure it
         | out.
         | 
         | Get over yourself.
        
           | [deleted]
        
           | BLanen wrote:
           | Yes, clearly this is all rational individual choice and
           | society doesn't exist.
           | 
           | Get over yourself.
        
         | Jommi wrote:
         | What a terribly lopsided and blanket view on a business working
         | over 50+ different ethical and regulatory
         | environments/societies.
        
           | BLanen wrote:
           | I don't care that they exist in many places. Corona is in
           | 200+ different ethical and regulatory environments/societies,
           | I think that that is likewise bad for society and hope we get
           | rid of it.
           | 
           | There's enough other comments with the typical "nuance" you
           | can read.
        
             | nickff wrote:
             | > _" Corona is in 200+ different ethical and regulatory
             | environments/societies, I think that that is likewise bad
             | for society and hope we get rid of it."_
             | 
             | COVID has killed over four and a half million people; about
             | four million people have driven for Uber (worldwide). Do
             | you really think that doing some driving for Uber and dying
             | of COVID are "likewise bad"?
        
               | w-j-w wrote:
               | They're both bad, and the comparison points out why the
               | parent comment had a garbage argument. Being able to
               | swindle many sets of employment laws is not the same
               | thing as "being good"
        
           | arrosenberg wrote:
           | More like, working around 50+ regulatory states.
        
         | jorblumesea wrote:
         | How is the "gig economy" any different from the usual tricks
         | that employers get around benefits?
         | 
         | Walmart, for example, will schedule employees < 30 hours and
         | stack entire stores with part timers.
         | 
         | My confusion is that the gig economy companies get a large
         | share of the hate (justified or unjustified) but much of the
         | criticism seems to boil down to unregulated capitalism.
        
       | amelius wrote:
       | A similar article was already submitted here:
       | 
       | https://news.ycombinator.com/item?id=28509506
        
       | akagusu wrote:
       | The so called gig economy was built upon a unsustainable business
       | model that depends of exploitation of workers.
       | 
       | It's not just Uber. All companies in the gig economy work like
       | this. It's not only about paying minimum wage and benefits
       | either, it's also about shifting the costs of doing business to
       | the workers calling them independent contractors.
       | 
       | As independent contractors, drivers need to pay for their car,
       | pay for gas, taxes, insurance and maintenance costs, but if they
       | were employees from the beginning, all these costs would be
       | getting out of the Uber's pockets.
        
       | snidane wrote:
       | It was never for the drivers. It certainly isn't a win for the
       | customer. It is only a win for the state to collect their taxes.
        
         | maccolgan wrote:
         | Everything is a win for the state, can't remember the last time
         | anything happened in the employment law space that has been
         | good for everybody...
        
       | shimonabi wrote:
       | Great to see that over 100 years of labour laws won by the
       | workers' movements can't be innovated away in SOME countries.
        
         | umvi wrote:
         | But does every single way to make money have to provide a
         | living wage with full health benefits, etc.? Seems like you
         | limit types of innovation that could otherwise happen. For
         | example, say you create some kind of trash cleanup/recycling
         | incentive app that pays out some small amount for
         | trash/recyclables picked up and turned in. Soon: everyone is
         | outraged that some poor person can't make a living wage picking
         | up recyclables and they try to force you to hire all users of
         | your app as full time employees with full health benefits, etc.
         | That doesn't seem right.
        
           | yawaworht1978 wrote:
           | Can't compare that app to Uber, Uber hasn't innovated much of
           | anything besides a tracking app with a payment integration.
           | Lift forked their product in no time. They have undercut the
           | competition, skirted laws, pay horrible wages, promised a
           | self driving fleet , this is the funniest to me. I bet they
           | want that released without too much regulatory friction too.
           | There was this incident where their fsd fleet car run over 6
           | red lights consecutively.
           | 
           | The break it ask for forgiveness later approach is generally
           | not welcome in Europe, it's regarded as borderline criminal
           | practice. And then delay court procedures and are the other
           | slimy practices.
           | 
           | Always easier to make a buck when breaking the law when
           | everyone else is not breaking it. These companies have
           | compliance departments and lawyers not to see what's legal,
           | but to see how much they can get away with. Today, a Dutch
           | Judge showed them the demarcation lines.
        
           | Spivak wrote:
           | I agree with this in theory but you have to contend with how
           | people actually engage with these kinds of gig jobs. You
           | can't just legalese "this isn't a full time job" when people
           | are working it as a full time job.
        
           | nonameiguess wrote:
           | This already exists but without an app. Anyone can collect
           | scrap and sell it to a recycling center. Plenty of homeless
           | people use this as a primary income source. No one has ever
           | tried to classify it as employment.
        
         | bthrn wrote:
         | The other side of this is that many laws do not neatly
         | accommodate advances in technology. There are currently laws in
         | place that predate cars, predate the internet, predate
         | electricity. At some point, in some contexts, they will be a
         | hinderance rather than a benefit.
        
           | goodpoint wrote:
           | > At some point, in some contexts, they will be a hinderance
           | rather than a benefit.
           | 
           | This is extremely vague. The legal system changes
           | continuously and quickly, especially when under pressure from
           | big money.
           | 
           | If something doesn't either it's because it's not important
           | or somebody is benefiting from it.
        
         | gpvos wrote:
         | Well, you can fool all of the people _some_ of the time, so it
         | was possible for many years.
        
           | trompetenaccoun wrote:
           | How were they fooled? In the Netherlands, no one is forced to
           | work anywhere. People drive Ubers out of their own volition,
           | whether we think it's stupid or not. I'm not sure about other
           | countries but in China where the market used to be even less
           | regulated, both drivers and customers switched in droves from
           | traditional taxis to ride hailing apps. For various reasons
           | they just like it better. And it's not exactly difficult to
           | see the advantages even if you have concerns about labor
           | laws.
           | 
           | There's always a case to be made that any form of employment
           | is exploitation. _Sarariman_ , as the corporate slave is
           | known in Japan. The question is how much regulation do we
           | want. And do we want it for regulation's sake, or does it
           | actually benefit the people. There are many labor laws that
           | hinder innovation and keep employment down.
        
             | paulluuk wrote:
             | > There are many labor laws that hinder innovation and keep
             | employment down
             | 
             | I think it's fair to say that the huge majority of labor
             | laws actually protect laborers, and have been won through
             | blood and sweat over many generations. To opt on "the safe
             | side" and say "look, yes jobs at Uber are complicated, but
             | if you work there 40 hours per week then it's a fulltime
             | job and we should treat it as such" is quite fair.
        
       | dncornholio wrote:
       | If you're a freelancer in NL and your income comes from only one
       | client, you're not even being seen as a freelancer AFAIR.
        
       | jacquesm wrote:
       | Rightly so. The 'gig economy' is abused by quite a few companies
       | to create employment like situations without the required
       | trappings (social security payments, employee protection, hourly
       | minimums and so on). This was long overdue, let's hope it has
       | precedent effect for other companies that abuse the ZZP
       | construct.
        
         | tomp wrote:
         | _Must_ is just as wrong as _won 't_. The ideal solution is,
         | drivers being given the choice. Wanna earn more (but less
         | predictable), pay less tax, have less social security, work
         | whenever you want to? Or do you want to earn less (but
         | completely predictable), pay more tax, have unemployment
         | security, work fixed hours.
        
           | Maarten88 wrote:
           | > The ideal solution is, drivers being given the choice.
           | 
           | Choice is real only when you have options. Here, the option
           | of having a fixed-income, fixed-time taxi driver job will get
           | out-competed in the long term because it is more expensive,
           | so the other option will be to have no job. Not paying into
           | social security and pension funds saves a lot of money! It
           | may even seem beneficial to the driver in the short term. But
           | it offloads the costs further down the line to society or the
           | driver personally (when reaching pension age or getting
           | sick).
           | 
           | Maybe that type of innovation is simply not good for society
           | and better avoided.
        
             | maccolgan wrote:
             | In this case, the consumers are making the choice, not the
             | drivers. I'd generally prefer consumers to have more
             | options than drivers, you can't just sacrifice one for the
             | other...
        
           | tasubotadas wrote:
           | Not sure why this comment is down voted but it's spot on.
           | 
           | Honestly, it's pretty annoying that some people decide what
           | others can do or can't do with their free time and their car.
        
             | chefkoch wrote:
             | Yeah, no street racing, drunk driving.
        
             | WJW wrote:
             | Welcome to society. I'm not sure where you live but in
             | every country I know of there are plenty of things you
             | can't do with your car and/or your free time.
        
               | devcpp wrote:
               | That doesn't harm others? Like what?
        
               | WJW wrote:
               | Not harming others is a condition you just added to the
               | argument, and it is also a condition that Uber does not
               | meet in the eyes of Dutch law. By not paying taxes on the
               | wages of their drivers, Uber shifts the costs for the
               | healthcare, pensions and general public services (dikes,
               | fire services, etc etc) of those drivers onto the rest of
               | society, thereby harming all those companies and citizens
               | that do pay their taxes as required.
        
             | riffraff wrote:
             | because it ignores the reality of european society: it's
             | not a libertarian utopia, it's a society where the states
             | do dictate things.
             | 
             | More specifically, it's blind to the fact that the parent
             | comment is about _existing regulation_ which is being
             | abused.
             | 
             | It's like arguing with someone saying "you can't drive at
             | 100 km/h in a residential area" with "well I am a CAN
             | person myself, and I don' think we should say CAN'T".
        
               | devcpp wrote:
               | Driving at 100km/h in a residential area harms others
               | with a high probability. Can you say that of someone
               | working the way they want to with transactions consented
               | between two adults?
        
             | AmericanChopper wrote:
             | The issue is that minimum employment rights are less
             | effective in general if it's possible to opt out of them.
             | For lots of people, they're not worth sacrificing earning
             | potential for (this is one of the reasons contractors
             | exist).
             | 
             | Most people wouldn't think that a person earning a high
             | hourly/daily rate working in some big enterprise, or a
             | freelancer that takes home a respectable annual income is
             | being exploited. But lots of people think that lower income
             | gig contractors are definitely being exploited. I think the
             | truth is actually a bit more complicated than that, but in
             | any case, the law in most countries is that a person must
             | not be allowed to enter into any arrangement that resembles
             | employment if a set of minimum entitlements aren't
             | provided.
             | 
             | One way of looking at contracting arrangements is that
             | they're simply a way of bypassing these requirements. This
             | never used to be a contentious issue, because contractors
             | used to be primarily high income earners. But now that
             | there's a new class of lower income contractors, they must
             | be protected, and the regulatory response has generally
             | been to outlaw elements of contracting agreements in
             | general.
             | 
             | A more sensible approach, if you wanted to achieve this
             | outcome, would be to apply these regulations only to
             | contractors that bill below a particular rate. But that
             | would require making legislative concessions for high
             | income earners, and nobody cares about doing that. I've
             | been a contractor for years, and I can guarantee you that
             | nobody is being exploited when I bill some huge bank an
             | especially high hourly rate for months on end, but anti-
             | contractor regulations routinely interfere with my ability
             | to do so.
        
           | Doctor_Fegg wrote:
           | And then you fall ill.
           | 
           | Who looks after you then? Hospitals paid for by taxation? Or
           | are you just left on the street to die?
        
             | rattray wrote:
             | I like the "hospitals paid for by taxation" option, myself
             | (with tweaks and caveats).
             | 
             | I can't fathom why so many people on this thread think it's
             | a good thing for workers to depend on their employer for
             | essentials like healthcare.
        
             | tomp wrote:
             | Same as any independent contractor / self-employed person.
             | In a sane country, they'd be required to pay into social
             | security system themselves. In many countries, however,
             | being self-employed is a tax loophole.
        
         | eplanit wrote:
         | The whole appeal for the drivers was "employment-like"
         | opportunities with more freedom for themselves. This takes that
         | away. If they wanted regular jobs they would have sought that.
        
           | gilrain wrote:
           | You are badly out of touch. People take the jobs they have to
           | take to survive. The choice you imagine does not exist for
           | most of humanity.
        
             | eplanit wrote:
             | You make it sound like the job situation in the Netherlands
             | is desperate. From what I can tell by searching,
             | unemployment is only about 3%. Where's the desperation in
             | that?
             | 
             | Uber drivers I've talked to didn't join because they were
             | desperate -- they joined to have more freedom and control.
        
               | kazen44 wrote:
               | ah yes. and the years 2009- 2015 where the same?
               | 
               | no they where far worse. its unemployment numbers are low
               | now. but it hasn't always been the case.
        
         | avsteele wrote:
         | Does there exist any company that allows their employees to
         | work any number of hours they want, whenever they want?
        
           | chaosite wrote:
           | Neither does Uber, if they don't have rides to give, they're
           | not gonna let anyone work for them.
        
           | throwawaycities wrote:
           | What does that matter?
           | 
           | Just because you can pick your own hours/work schedule, that
           | doesn't make you an independent contractor. At least it's not
           | determinative in the US under federal law nor any state that
           | I am aware, but maybe that is the Dutch law and the court
           | just got it wrong here
        
             | avsteele wrote:
             | To determine if they are employees we look for ways the
             | Uber/driver relationship is similar and different to other
             | businesses using the employee model.
             | 
             | To determine if they are contractors we look for ways the
             | user/driver relationship is different from other businesses
             | using the employee model.
             | 
             | If no other businesses allow employees to set their number
             | of hours with such flexibility then that is evidence the
             | relationship doesn't fall under the employee model.
             | 
             | This need not be all or nothing but it is (obviously) a
             | factor.
        
             | DeusExMachina wrote:
             | Here in the Netherlands, where the ruling was made, it's
             | definitely the case that being able to determine your own
             | hours is one of the requirements of being a freelancer.
             | 
             | When I was freelancing, clients could not tell me at what
             | time I had to be in the office, when I could live, or on
             | which days I had to go, to avoid me being considered an
             | employee.
        
               | nulbyte wrote:
               | I don't believe that was GP's point. Setting your own
               | hours is not anathema to an employer-employee
               | relationship.
        
           | WJW wrote:
           | Yes, Uber, since their gig workers are now employees. \s
           | 
           | Under Dutch law, to be classified as an independent
           | contractor you also need to be able to set your own prices
           | and have a "significant" (the law is fairly specific but it
           | is too long for a HN comment) say in exactly how you provide
           | your services. The court ruled that Uber drivers do not meet
           | this bar and are therefore not independent contractors. TBH,
           | the "ZZP" construction used has always been a fairly
           | transparent attempt by Uber and the other gig companies to
           | evade labor regulations for their own profits and I'm glad
           | that the court has issued a clear statement about it.
        
             | yawnxyz wrote:
             | Blablacar lets you set your own prices on trips, and they
             | don't kick you off if you refuse fares
        
           | gjulianm wrote:
           | It's funny that Uber decided to force employment laws to
           | avoid paying social security, taxes and other obligations
           | related to regular employment, but won't force employment
           | laws to allow employees to work any number of hours they want
           | whenever they want.
        
         | blendergeek wrote:
         | I drive Uber for a few months. I hate the idea of "hourly
         | minimums". Maybe we can have that for full time drivers.
         | 
         | But, I would go out on "unprofitable times" (when my hourly pay
         | was substantially less than minimum wage due to a lack of
         | rides) and read books (that I would have read anyway). Doing
         | this I made small amounts of money while doing a leisure
         | activity.
         | 
         | I loved the ability to drive less than full time in exchange
         | for less pay. I don't want to be "on the clock". If I am on the
         | clock and I am not actively working, that is time theft. If I
         | am driving Uber and I don't feel like taking that ride because
         | I'm at a good point in the book I'm reading, I'm free to just
         | sit there.
         | 
         | I liked that option.
         | 
         | Rather than require minimum hourly pay, I want to increase the
         | minimum per mile pay and require Uber to pay the drivers for
         | the time and miles spent driving to the riders.
         | 
         | But please no hourly pay.
        
           | Scarblac wrote:
           | They can employ drivers and still give them the freedom to
           | accept or decline tides as they wish.
        
             | dahfizz wrote:
             | Yes, that would be technically possible. But it will not
             | happen because of how the incentives are set up. If Uber
             | now has to bear the cost of being an employer, it will need
             | to exercise its power over the employee drivers and force
             | them to work.
        
               | hinkley wrote:
               | Will need to, or will feel justified in doing so?
        
               | judge2020 wrote:
               | Well, 'need' can be synonymous with 'not burn money in a
               | way that leads to bankruptcy'. Uber is largely an
               | uneconomical business that won't work if they end up
               | having to keep their <10 hours a week drivers AND pay
               | benefits.
        
             | lhorie wrote:
             | I think the conundrum is that either Uber pays for downtime
             | (employee model) or it doesn't (contractor model). It's
             | literally impossible to be actively driving passengers for
             | a solid 40 hours a week while maintaining reasonable work
             | hours. For the model that pays for downtime, it needs to
             | make it up somehow since it wouldn't be able to afford
             | people just sitting around doing nothing in the middle of
             | nowhere. Typically, this is accomplished by mandating
             | employees to be "clocked in", unable to refuse rides, and
             | chasing some sort of quota. I'd be curious to hear about
             | different options.
        
               | delusional wrote:
               | What's blocking them from doing metrics based payment,
               | but with employee like protections? Pay people for the
               | time they mark themselves "available" (regardless of if
               | there's any rides), and require that drivers take
               | anything you give them while they are available. I
               | imagine you could put in a cap and a floor if you really
               | wanted to. You could even allow drivers to reject a
               | certain percentage of rides if you felt like it.
               | 
               | The point wouldn't be to control the drivers, but for
               | uber to assume some of the risk.
        
               | ghiculescu wrote:
               | GP wants the option to decline rides even while available
               | - you'd be taking that option away. I doubt GP is alone
               | in this.
        
               | lhorie wrote:
               | Ultimately there is no such thing as driver protections.
               | Either they bring in more money than they are paid or
               | they are going to be out of work (either by being fired,
               | or the company going under).
               | 
               | A company isn't going to let people just do whatever if
               | the company is assuming risks. For example, say demand
               | peaks at 7-9am and 4-6pm. The company could simply
               | dictate that that's the only times you can work (because
               | the full time old-timer high earners already took all
               | other time slots). But maybe you're a stay-at-home parent
               | and only have free time during school hours, so for you,
               | that's objectively a worse deal, since you get to take
               | home $0 as opposed to whatever you could make under a
               | work-at-any-time model.
               | 
               | Or maybe the company tells you that you can't work on-
               | and-off around your town like you used to, due to
               | existing driver saturation, and they tell you that you
               | have to drive to the downtown of the nearby metropolitan
               | city for a shift (many full time drivers I've talked to
               | actually do this today to get better on-the-clock
               | volume).
               | 
               | Or maybe you just can't work at all because there's
               | enough drivers on the road today already.
               | 
               | There's a million scenarios like these.
               | 
               | As a thought exercise, you could go out and drive an Uber
               | casually for a couple of hours, and simultaneously pay
               | yourself whatever amount you think is fair, out of your
               | own pocket. The gist is to track your on-the-clock time
               | and mileage (which is fairly easy w/ the app), and then
               | work out the math to figure out how much the rides
               | should've cost to pay the amount you decided. If the
               | exercise comes out to charging $40 for 10 min rides to
               | account for suboptimal downtime, or you're finding that
               | you need to work a 12 hour day to hit a similar income
               | threshold as a full timer elsewhere, you can be sure that
               | you've neglected some important aspect of the unit
               | economics math and you would've failed at being Uber.
        
               | lovich wrote:
               | > Ultimately there is no such thing as driver
               | protections. Either they bring in more money than they
               | are paid or they are going to be out of work (either by
               | being fired, or the company going under).
               | 
               | If we're starting off with that as a belief why have any
               | regulations at all?
               | 
               | > A company isn't going to let people just do whatever if
               | the company is assuming risks.
               | 
               | Companies routinely do that. Hell sometimes that is the
               | entire reason for employing a specific person, is to let
               | them do what they want and then reap the economic benefit
               | from owning the outcome.
        
               | lhorie wrote:
               | Regulations or no regulations, that's just a fact. You
               | can't have a company paying out more than it intakes,
               | that's just basic math.
               | 
               | People are so quick to say "oh just raise wages" as if
               | Uber/etc never contemplated the idea (recall we're
               | talking about the company that popularized the idea of
               | _surge_ pricing for rides), but I don 't think many of
               | the armchair analysts have put an ounce of thought into
               | what actually happens when you do that (let alone the
               | gradient of effects relative to different degrees of
               | change). Uber/Lyft were fairly clear about potential
               | impact of employment mandates on service reliability when
               | prop 22 was making the rounds, and I find it curious that
               | there's simultaneously a sentiment that pre-uber service
               | availability was crap and a sentiment that one just ought
               | to raise prices and somehow will people get to eat their
               | cake and have it too.
               | 
               | > Companies routinely do that
               | 
               | You're giving an apples-to-oranges example and you know
               | it. Hiring Rob Pike vs letting unskilled drivers sit idly
               | on company dime are completely different scenarios. The
               | latter group doesn't even generate leads (unlike cabs
               | being hailed off the street).
        
               | Closi wrote:
               | I think there are quite a few options. It took me about a
               | minute to think of the below, so I'm sure with the
               | resources of Uber they can come up with something better:
               | 
               | - Driver 'clocks in' when they are in the app and ready
               | to receive rides.
               | 
               | - They get paid as normal, however there is a guaranteed
               | minimum which means that they will get paid the minimum
               | wage.
               | 
               | - Driver can decline rides, but there is a % threshold at
               | which point they can be performance managed if required
               | (i.e. warnings for declining too many rides and then
               | removed if required).
               | 
               | - Driver clocks out when they are no longer wanting to
               | receive rides. 3 declines in a row or something similar
               | automatically ends shift. Shift can also be ended due to
               | low demand, unless the driver has signed up for a
               | particular shift ahead of time.
               | 
               | That's not particularly great, and I'm sure some people
               | will have builds/other suggestions, but Uber is a 76
               | billion dollar company, I'm sure they can come up with
               | something better and a way of operating within labour
               | laws.
        
               | delusional wrote:
               | > but Uber is a 76 billion dollar company, I'm sure they
               | can come up with something better and a way of operating
               | within labour laws.
               | 
               | That's a good point. If those 10x engineers can't figure
               | out a way to make it legal and ethical, maybe it's not
               | good.
        
               | TuringNYC wrote:
               | I think part of the problem is the market, for some
               | markets. The new law would not affect NYC or dense urban
               | areas because there is lots of order liquidity there. But
               | what about rural Pennsylvania? (Ask me how I know? Hint:
               | management consulting air dropped to remote client
               | location)
               | 
               | When i'm in rural areas, there are often no taxis and one
               | will show up an hour after you call, maybe. Without order
               | liquidity, it is infeasible to maintain supply. Which
               | company (or person) would stand ready to ride just in
               | case an order came thru once every 4 or 5 hours?
               | 
               | The current market response to this is simply not
               | supporting the market. The alternative is Uber where
               | presumably the person is doing their yard work and jumps
               | and does a ride if one happens to pop up. I cannot
               | imagine Uber will sponsor idle wages in rural regions
               | where you get an order or two a day.
        
               | judge2020 wrote:
               | > Without order liquidity, it is infeasible to maintain
               | supply. Which company (or person) would stand ready to
               | ride just in case an order came thru once every 4 or 5
               | hours?
               | 
               | The only solution here is if the ride is absurdly high,
               | to the point where you break even with drivers in the
               | nearest high-population city, which people also don't
               | want since they'd be paying multiple hundreds of dollars
               | for a ride. At that point, people will just get a car.
               | 
               | The issue with uber is that it's compensating for a lack
               | of public transportation that takes you exactly where you
               | want to end up at (or public transportation at all in
               | most of the U.S.). Maybe the only way car-on-demand is
               | profitable is if (A) we get self-driving cars, or (B) the
               | government creates their own system with lower fares and
               | runs it at a pure loss with no profitability in mind.
        
               | TuringNYC wrote:
               | I think even absurdly priced rides dont work beyond a
               | certain level of illiquidity. Matching price to order is
               | just too spotty. A perfect example is landing in an
               | airport on a late flight -- i've waited 45min for a taxi
               | at Delta Terminal in NYC. As a business customer, I would
               | have paid $100 or even $200 for a ride that cold night.
               | Most business travelers are cost elastic, esp post-
               | travel. Except there is no way to broadcast that
               | willingness to pay to cab companies, esp at an off-
               | terminal like Delta Terminal. I dont think people realize
               | how truly game-changing Uber and surge pricing was.
        
               | Closi wrote:
               | > I cannot imagine Uber will sponsor idle wages in rural
               | regions where you get an order or two a day.
               | 
               | If Uber can't operate while paying minimum wage then
               | maybe they shouldn't be operating.
               | 
               | Every other company has to work out how to pay minimum
               | wage. An unprofitable rural convenience store doesn't get
               | to pay its clerks less because the sales aren't high
               | enough, so I fail to see why it should be different for
               | Uber and their drivers.
        
               | jimkleiber wrote:
               | At least how I see it, many of the problems are that the
               | company is not giving the protections that they've
               | historically supposed to have given. I think one option
               | is to extricate those protections from the employers and
               | bring them to a different level. It could be a union, it
               | could be a local/regional/national/(dare I say global)
               | government, it could be some other org that provides
               | those services. Then the employer could still give the
               | flexibility and not have to worry about providing those
               | extra benefits.
        
           | joshuahaglund wrote:
           | It sounds like you have another source of income. If you were
           | in the middle of a good chapter you could turn down a ride. I
           | don't think you're exactly the kind of driver these companies
           | are looking for, but if they were I think they'd have a hard
           | time finding enough of you.
           | 
           | I feel like being able to monetize your freetime is a luxury
           | a society can't afford when your leisure activity could be
           | someone's job. You could spent time volunteering, like meals
           | on wheels or something. But instead you're driving down the
           | labor rate, as a hobby.
           | 
           | That sounds harsh and I don't want you to feel personally
           | attacked, so I'll just it's cool, no one's perfect. But jobs
           | need to pay live able wages, IMHO.
        
             | [deleted]
        
             | lhorie wrote:
             | > It sounds like you have another source of income. [...] I
             | don't think you're exactly the kind of driver these
             | companies are looking for
             | 
             | Uber/Lyft have said on various occasions that the majority
             | of drivers are part-timer/casual. While being able to read
             | books between trips might seem a bit of a privileged
             | situation, many who do Uber for supplemental income don't
             | have room to engage in luxury.
             | 
             | I personally know of someone who does deliveries as a side
             | gig from a restaurant job (which is already grueling on its
             | own) because they really need the extra cash and there's
             | literally nothing else on the job market with the
             | flexibility of gig economy stints.
        
           | Closi wrote:
           | > But please no hourly pay.
           | 
           | You might be willing to work for less than minimum wage, but
           | in reality minimum wages exist because without them they
           | create a race-to-the-bottom for workers, and it's very hard
           | to write a policy that's something like "you can pay a person
           | less if they are enjoying it and are reading a book and not
           | really doing that much".
           | 
           | Waiting time is a regular part of jobs and we pay for it in
           | other career paths - can you imagine if everyone only had to
           | pay security guards for the time spent apprehending thief's
           | and they got no pay for all the waiting around reading
           | newspapers they do?
        
             | simonh wrote:
             | This is basically the line of reasoning that changed my
             | opinion on this issue. Previously I thought, well it's up
             | to people when they want to work and how much for.
             | 
             | The problem with that is these services are only viable
             | because there is a core of drivers that work long hours and
             | have this as their primary source of income. Part time
             | casual drivers are also an important part of what makes
             | services like this effective, but without the core drivers
             | there's no service. What's happening at the moment is that
             | the low expectations of the casual drivers is under cutting
             | the livelihoods and bargaining power of core drivers.
             | That's not an equitable state of affairs.
        
               | Ekaros wrote:
               | Yeah, its the comparison between those who are there to
               | skim of the limited hours of top demand or don't care
               | about making reasonable living out of it. And those that
               | can't find other work and want to earn reasonable living
               | doing reasonable hours.
        
             | Dracophoenix wrote:
             | >Can you imagine if everyone only had to pay security
             | guards for the time spent apprehending thief's and they got
             | no pay for all the waiting around reading newspapers they
             | do?
             | 
             | Yes, it's called a commission. Many jobs pay that way.
             | 
             | Making a comparison between a security guard and an Uber
             | driver is like making a comparaison between a limo chauffer
             | and a bounty hunter. It's an unnecessary and convoluted
             | analogy given the differences in goals. Regular taxi
             | drivers are paid per ride (i.e. a commission) and Uber
             | drivers are taxi drivers without the medallions. I don't
             | see how one would take issue with Uber drivers doing what
             | taxi drivers do while simultaneously operating as rational
             | actors by undercutting the competition on price.
        
               | Closi wrote:
               | > Yes, it's called a commission. Many jobs pay that way.
               | 
               | Well in the case of commissions for employees in Europe
               | you still have to guarantee a minimum wage and fill any
               | gap between commission payments and the minimum wage.
               | 
               | > Making a comparison between a security guard and an
               | Uber driver is like making a comparaison between a limo
               | chauffer and a bounty hunter.
               | 
               | Well, the bounty hunter comparison depends on if you are
               | an employee or if you are self-employed. Let's remember
               | the precedent for uber drivers being employees has
               | already been established in European/Dutch courts.
               | 
               | If a bounty hunter is an employee in Europe (i.e. working
               | for a bounty hunting firm rather than owning one), if any
               | commissions don't make their wage up to the minimum wage
               | they will have to be paid the difference by the employer.
               | The worked hours for bounty hunting include any waiting
               | time on the job. I don't see why Uber should be exempt
               | from this rule when every other industry, including the
               | traditional taxi industry, has to follow it.
        
           | zouhair wrote:
           | No, rules should be made so people doing it full time for a
           | living should get a living.
        
           | apexalpha wrote:
           | In your case they would give you a "0 hour contract". You
           | choose your hours but still have protections like an
           | enployee.
           | 
           | As independent contractor Uber was handing off every risk
           | associated with running a business to their drivers.
        
             | judge2020 wrote:
             | In that situation a "0 hour contract" would mean Uber has
             | to pay for all of their benefits even if they don't work at
             | all. A net negative for uber, so the 0 hour contract isn't
             | created. The only way this changes while not ensuring uber
             | loses money on their drivers is if they operate like a
             | regular company and have both part-time and full-time
             | employees, with 20 hour minimums for part-timers.
        
               | markus92 wrote:
               | What kind of benefits do you mean? It's a very common
               | construction in The Netherlands.
        
               | kazen44 wrote:
               | when people are on 0 hour contracts, the company still
               | has to pay social insurance for the employee. Some of
               | which are not bound to the hours worked.
               | 
               | Also, a 0 hour contract is a iffy construct. If someone
               | can show they worked N hours on the regular, they have
               | the right to get a contract on the amount of hours they
               | worked. Also, 0 hour contracts are only allowed for a
               | limited number of times afaik. (2x up to one year i
               | believe).
        
         | toshk wrote:
         | Social security is just a hole in the Dutch law, freelancers
         | should just also start paying social security. Like they do for
         | instance in Spain, then they can also get unemployment money
         | etc.
         | 
         | The effect of this will be temporary 0 hour contract and you
         | create exactly the same situation with less flexibility for the
         | employee and a limit of three contracts of a year.
        
         | rattray wrote:
         | I'm unfamiliar with Dutch ZZP, and it sounds like there are
         | indeed specific rules that preclude Uber drivers from neatly
         | fitting into the category.
         | 
         | But why would a better fix not be to require ZZP contractors to
         | pay into government-matched/supported funds for healthcare,
         | retirement, etc?
         | 
         | Many people really prefer to not be an employee. Why tether
         | their health and old age to a big employer with a ball and
         | chain?
        
           | azeirah wrote:
           | I'm Dutch but not particularly knowledgeable about this, but
           | as far as I understand it the reason being a ZZP'er is so
           | popular is precisely because you don't have to hand in a lot
           | of money to required stuff like retirement and insurance and
           | stuff.
           | 
           | The types of zzzp'ers I'm most familiar with are in
           | construction and they are cheaper than traditional
           | businesses. They're outcompeting traditional businesses
           | because they don't have to pay retirement and insurance and
           | all that.
           | 
           | It's been a topic for years here what to do about ZZP'ers
           | because if something _does_ happen to one at work (ie an
           | accident to their health or to the house they're working on
           | it whatever) they typically don't have insurance which leads
           | to big personal problems for them.
           | 
           | It's like a high risk high reward type of thing, but the
           | issue is that they're also outcompeting traditional workers
           | all over the place.
           | 
           | Otoh, if you were to require them to pay for stuff like
           | insurance and retirement, the whole idea of being a zzp'er
           | will cease to make any sense. You don't earn any higher any
           | more, you will need to charge more so people have no reason
           | to prefer your services over traditional ones.
           | 
           | Zzp'er just means that you work alone and have no personnel.
           | Ie, similar to a freelancer basically.
           | 
           | Also sadly enough, often zzp'ers are less skilled than
           | traditionally employed individuals. Not exactly sure why that
           | is but might be related to how they were trained and a lack
           | of institutional knowledge due to not working with an
           | established workplace/having regular colleagues etc
        
             | rattray wrote:
             | Exactly!
             | 
             | If ZZP outcompetes more "socially responsible" options,
             | it's a buggy system and should be fixed. Freedom as a
             | freelancer should probably be the only/primary benefit of
             | such a designation, not the ability to dodge
             | responsibilities.
             | 
             | Thank you for the color!
        
             | tw20212021 wrote:
             | Everybody pays retirement, the public one, you pay it
             | through taxes. They probably don't pay a private pension.
             | And insurance yes, some don't pay disability insurance
             | which pays you for a while if you're injured and can't work
             | (don't underestimate here the lobby of the insurance
             | companies who pay the press to complain that people don't
             | buy their insurance policies. In the end they are the ones
             | who profit most). One benefit of being a zzper is that you
             | don't have overhead. When you're employed the company gets
             | 100/hr for your work and pays you 25/hr, some of that money
             | may be there to keep you employed when there's less work to
             | do, although when a company is in trouble they will find a
             | way to fire you. The most part goes to the owner of the
             | company, who can take it out, or grow the company, but in
             | the end for their own benefit. There's other dynamics of
             | course, take construction companies, projects come and go,
             | sometimes one company gets a big project, then sometimes
             | another one gets it. These are different companies. They
             | couldn't always employ the same number of people, but they
             | benefit that they can quickly scale the workforce by hiring
             | zzp-ers.
        
         | belter wrote:
         | There are some consequences. If they will be hired as employees
         | it will be first with a temporary contract. Since there is a
         | limitation to renewal of fixed term contracts, after a certain
         | period the employment is seen as an indefinite employment
         | contract rather than a new fixed term agreement. Meaning then
         | they could not be fired something Uber will not want. The limit
         | is 3 years or 3 contract renewals:
         | 
         | https://www.tax-consultants-international.com/read/Changes_D...
         | 
         | Are some of these drivers not working for other companies also?
         | In that case they really are freelancers/entrepreneurs not
         | employees...I think the decision will be appealed.
        
           | Jochim wrote:
           | > Are some of these drivers not working for other companies
           | also? In that case they really are freelancers/entrepreneurs
           | not employees...I think the decision will be appealed.
           | 
           | That's a pretty bad test on it's own. Plenty of people
           | working in restaurants work for multiple companies, they're
           | still employees.
        
             | adventured wrote:
             | > Plenty of people working in restaurants work for multiple
             | companies, they're still employees.
             | 
             | And do they cook one food order at a restaurant they work
             | for, then 15 minutes later walk across the street and cook
             | for a competing restaurant for 30 minutes, and then
             | immediately walk back across the street and cook a food
             | order for the other restaurant? No, of course that's not
             | normal.
             | 
             | This will ultimately accelerate the ability of the
             | strongest companies to destroy their competition and
             | potential competition. If Uber doesn't bleed to death
             | financially first, that will be Uber due to their global
             | scale.
             | 
             | Uber may not realize it because they're stupid, but this
             | bolsters survival of the strongest in the segment. They can
             | easily kill off competition using this by eating the labor
             | supply. Someone that would have previously worked for
             | multiple companies - trivially flipping between services as
             | it was most ideal for the driver to grab a fare - will no
             | longer be available for multiple companies at the same
             | time. They'll now largely hold a normal job and will not
             | want to work for multiple companies, pulling two shifts per
             | day. Sure, there may be exceptions of drivers that want to
             | pull a weekend job with another service or work two jobs
             | per day, but exceptions is all they'll be. This will narrow
             | the market winners dramatically and quickly.
             | 
             | Monopolize the market, consume the labor supply, raise
             | passenger fees, lean in to killing off the competition.
             | It's super simple.
             | 
             | If I were Uber I'd abuse the stock market for funding to
             | pay artificially high wages to the labor supply (get all
             | the best drivers), and I'd hire more drivers than I
             | absolutely need (deprive the competition), and begin this
             | killing process immediately. I'd go one market to the next,
             | using Uber's market cap as the funding base to monopolize
             | each market. This type of ruling makes labor supply a
             | competitive advantage to whichever company can acquire the
             | most and best drivers. A global ride hailing app will be
             | advantaged over the smaller local/regional competition
             | accordingly.
             | 
             | The next ride hailing app in the market that wants to get
             | started will find no available labor supply to compete
             | with. Welcome to competition stagnation.
             | 
             | And of course then the moronic regulators will come back
             | around, having created a monster, and they'll have to
             | pursue anti-trust (or the equivalent) against the market
             | winner they helped to cause.
        
               | belter wrote:
               | Speaking about financials...The court ruled that in
               | certain cases drivers can claim overdue salary. Uber had
               | according to statistics approximately 5,200 drivers in NL
               | on December 2019.
        
               | aembleton wrote:
               | > Monopolize the market, consume the labor supply, raise
               | passenger fees, lean in to killing off the competition.
               | It's super simple.
               | 
               | What does "lean in to killing off the competition" mean?
               | I don't understand what you mean by lean in.
        
               | dnautics wrote:
               | > And do they cook one food order at a restaurant they
               | work for, then 15 minutes later walk across the street
               | and cook for a competing restaurant for 30 minutes, and
               | then immediately walk back across the street and cook a
               | food order for the other restaurant? No, of course that's
               | not normal.
               | 
               | As a former Lyft/uber driver this is absolutely correct.
               | It gets even hairier: suppose you are sitting on both
               | apps (or even more) waiting for a ride. Do you get to
               | double-bill two companies for minimum wage hours?
               | 
               | I think what is going happen is if Uber and Lyft are
               | forced to recategorize as employees, they get to do
               | something like "compel drivers to wear a uniform", so
               | like a polo with the brand on it, and prohibit wearing of
               | competitors logo. Or prohibit displaying competitor logo
               | on the car (displaying is a legal requirement in many
               | jurisdictions). In the end the take-home for the driver
               | is going to be worse.
               | 
               | I'm quite frankly surprised that Uber didn't preempt the
               | legislation by creating a class of driver that _is_ an
               | employee, putting these sorts of onerous restrictions on
               | the driver, plus other ones like  "you must start and end
               | at central processing center, drive an uber-owned car",
               | "requiring shifts on ADA-compliant vehicles", "being
               | required to comply with an uber-generated shift
               | schedule", in exchange for bare minimum wage and
               | benefits.
        
               | mattmanser wrote:
               | Does Lyft even operate in Holland?
               | 
               | Here in the UK Uber drivers have Uber stickers on their
               | cars. I rarely get picked up by a driver without them.
               | 
               | What imaginary other company are they working for that
               | would tolerate that?
               | 
               | It might not be the case in America, but over here it
               | certainly seems most drivers are working for one company.
        
               | dahfizz wrote:
               | Is Uber the only rideshare company available in Europe?
               | In America, every rideshare car has uber and lyft
               | stickers, at a minimum. Just about every driver keeps
               | both apps open and takes rides from wherever they come
               | in.
        
               | dnautics wrote:
               | I think GP has a good point, I took a slightly america-
               | centric POV on the issue; topic is specifically about
               | Dutch legal system. Nonetheless the end bit about
               | 'strategies' is likely to be applicable across
               | jurisdictions.
        
               | markus92 wrote:
               | Bolt has a tiny bit of market share, Lyft is all but
               | existent. Uber has a de facto monopoly in The
               | Netherlands.
        
               | arenaninja wrote:
               | > It gets even hairier: suppose you are sitting on both
               | apps (or even more) waiting for a ride. Do you get to
               | double-bill two companies for minimum wage hours?
               | 
               | IMO this is a no-brainer, the answer is yes, double-bill.
               | The same applies if you get two remote jobs, you bill
               | both.
        
               | Matticus_Rex wrote:
               | In many cases this will be a felony, FYI.
        
               | dnautics wrote:
               | IANAL, but my understanding is: Double-billing hours is
               | probably illegal, but many remote programmers likely have
               | two "full time", salaried, jobs with no stipulation about
               | "you must work X hours"... at the very least a legal grey
               | area, and if you breach some contract clause, you are
               | most likely in breach of contract, which is a civil suit,
               | and most likely you'll just be dismissed, no severance
               | will be offered, and they might try to take away any
               | unexercised options grants.
        
               | arenaninja wrote:
               | This is not just programmers by the way. I know of people
               | in other professions doing this. And as long as there
               | isn't a conflict based on anything you signed or company
               | policy I'm not sure a company has recourse beyond
               | terminating you
               | 
               | Again, I don't do it because I can't handle the stress of
               | two jobs, but I don't begrudge those who can
        
               | arenaninja wrote:
               | I appreciate the concern but I don't do it. What are the
               | statutes against this?
        
               | dahfizz wrote:
               | > The same applies if you get two remote jobs, you bill
               | both.
               | 
               | That's definitely illegal.
        
               | arenaninja wrote:
               | I appreciate the concern but I don't do it. What are the
               | statutes against this? Is it a felony or misdemeanor?
        
               | judge2020 wrote:
               | I don't think it'd be strictly illegal, they'd just have
               | grounds to fire you if you ever refused a ride (that goes
               | for both Uber/Lyft).
               | 
               | Maybe fraud and breach of contract if, in the full-time
               | contract, it says "you affirm you do not have another
               | full-time job that will interfere with this job".
        
               | Volundr wrote:
               | > They can easily kill off competition using this by
               | eating the labor supply.
               | 
               | I'm not at all sure they can. You haven't really
               | explained here why Uber is apparently capable of hiring
               | all drivers and starving the labor pool, yet Applebees
               | can't use the same strategy for cooks, or Amazon the same
               | strategy for warehouse workers or software engineers.
               | 
               | Calling them "moronic regulators" without explaining why
               | the same model that works in other markets can't work in
               | this one isn't all that compelling.
        
               | dahfizz wrote:
               | There are meaningful alternatives for your examples. If
               | you didn't want to work at Applebees, you could work at
               | Chilis.
               | 
               | Right now, I would be willing to bet that a large
               | majority of Lyft drivers also drive for Uber. Uber is so
               | much larger that there is no real alternative. If the law
               | makes it so that drivers can choose only one rideshare
               | app, they will all choose Uber because its bigger.
        
               | ClumsyPilot wrote:
               | This is an extraordinary claim, this has never been a
               | problem in a major city in recorded history.
               | 
               | The idea that Uber would pay drivers so much to have
               | extra drivers just sitting around doing nothing is
               | absurd. The idea that there would be no suitable drivers
               | left to other firms to hire is absurd.
               | 
               | If any of this claim made sence, then this would have
               | happened 50 years ago, we've had drivers around for a
               | while.
               | 
               | Yet it does not happen in haulage where drivers are
               | actual professionals, it does not happen for solicitors
               | where labour supply is way more constrained. What do you
               | have to backup your claim?
        
               | dahfizz wrote:
               | > this has never been a problem in a major city in
               | recorded history.
               | 
               | This _has_ been the case in major cities around the world
               | before Uber took over. NYC has the yellow cab monopoly.
               | London had the black cab monopoly. These companies grew
               | large enough to buy up all available labor (this was made
               | easier by the medallion system).
               | 
               | Uber is no different. It _already_ has a dominant market
               | position. Other rideshare companies _already_ share their
               | drivers. The amount of drivers who drive for Lyft only is
               | vanishingly small. If you force all those drivers to
               | choose, they will choose Uber and Lyft will die.
        
               | vidarh wrote:
               | There is no "black cab monopoly". Black cabs are not
               | operated by a single company.
               | 
               | It's a number of companies, and a huge number of
               | individual operators, competing with dozens of private
               | hire companies.
        
               | ClumsyPilot wrote:
               | "YC has the yellow cab monopoly. London had the black cab
               | monopoly."
               | 
               | Exactly, legislative monopoly - they didn't run out of
               | people with cars willing to drive. You are talking about
               | labour shortage, that's a completely different argument
        
           | belter wrote:
           | As some Dutch media, (not all), persist on their annoying
           | habit of copy pasting ANP press releases and not doing much
           | of real journalism...or not linking to original sources even
           | if you paid for their subscription services...I am adding
           | some original resources here:
           | 
           | The Netherlands Trade Union Confederation (FNV) has around 1
           | million members, is both a trade union federation and a trade
           | union and launched the lawsuit.
           | 
           | The FNV's pleading notes for this lawsuit can be found here:
           | https://www.fnv.nl/getattachment/Nieuwsbericht/Algemeen-
           | nieu...
           | 
           | The fact sheet is here:
           | 
           | https://www.fnv.nl/getattachment/Nieuwsbericht/Algemeen-
           | nieu...
           | 
           | Court statement:
           | 
           | https://www.rechtspraak.nl/Organisatie-en-
           | contact/Organisati...
           | 
           | The court veredict:
           | 
           | https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:.
           | ..
           | 
           | ( you can access the original PDF from the drop down menu on
           | the right or the link below)
           | 
           | https://uitspraken.rechtspraak.nl/InzienDocument/GetPdf?ecli.
           | ..
        
           | goodpoint wrote:
           | > they really are freelancers/entrepreneurs not employees
           | 
           | Taxi drivers are not knowledge workers, or artists and
           | clearly not entrepreneurs.
           | 
           | They are easily replaceable "cogs in the machine", like many
           | non-specialised factory workers, office clerks, retail
           | employees and so on.
           | 
           | There's a reason why humanity introduced protections for
           | vulnerable workers in almost every society.
        
             | starfallg wrote:
             | Exactly. It's unskilled or semi-skilled work. Treating them
             | the same as freelancers doesn't reflect reality as they
             | have almost no leverage in there situation with their
             | employers.
        
             | bko wrote:
             | > Taxi drivers are not knowledge workers, or artists and
             | clearly not entrepreneurs.
             | 
             | Of course they're entrepreneurs. They have to own or
             | finance a car. They choose when and where to work and for
             | what company to drive for. They can also work for black car
             | in addition to ride share and can even manage private
             | rides. They have some ability to accept or reject fares.
             | 
             | > There's a reason why humanity introduced protections for
             | vulnerable workers in almost every society.
             | 
             | No one is restricting "knowledge workers" from being able
             | to strike a contract. Why can't we afford the same dignity
             | and respect to "cogs in the machine"? You ever thing these
             | "protections" that "humanity" places on "cogs" can end up
             | hurting them? Like how immigrant taxi drivers in NYC were
             | encouraged to rack up 100k debt to buy medallions
        
               | goodpoint wrote:
               | > Of course they're entrepreneurs. They have to own or
               | finance a car.
               | 
               | That's such a broad definition of entrepreneur that
               | includes 99% of freelancers and self-employed.
               | 
               | > No one is restricting "knowledge workers" from being
               | able to strike a contract.
               | 
               | The job market does, unfortunately.
        
               | ClumsyPilot wrote:
               | "Of course they're entrepreneurs. They have to own or
               | finance a car."
               | 
               | When we were taught business in school, it was about
               | setting the price, hiring staff, choosing a target
               | market. You know, thigs that make a business a business.
               | 
               | I am willing to bet my house that there isn't a single
               | business or economics testbook where maintaining a car is
               | even a consideration.
        
               | bko wrote:
               | > When we were taught business in school, it was about
               | setting the price, hiring staff, choosing a target
               | market. You know, thigs that make a business a business.
               | 
               | You have a very narrow understanding of business and
               | entrepreneurship. Not all businesses have employees.
               | Every business book will tell you almost all businesses
               | are price takers, not price setters. You can't wave a
               | wand and say "I want to charge X".
               | 
               | The target market could be Uber, Lyft, black car, limo or
               | personal. Maintaining equipment and accounting for
               | depreciation is very important
        
               | st1ck wrote:
               | I'd expect entrepreneur to have a freedom to set own rate
               | and market own brand, for example.
        
               | bko wrote:
               | You can choose when and where to work. Most businesses
               | don't have pricing power. There's a market price. They
               | can charge more or less sure but in theory there's a
               | market clearing price, and anything above/below that
               | price will yield suboptimal returns. You're romanticizing
               | the discretion individual businesses have.
        
             | Ansil849 wrote:
             | > Taxi drivers are not knowledge workers, or artists and
             | clearly not entrepreneurs.
             | 
             | > They are easily replaceable "cogs in the machine", like
             | many non-specialised factory workers, office clerks, retail
             | employees and so on.
             | 
             | > There's a reason why humanity introduced protections for
             | vulnerable workers in almost every society.
             | 
             | I appreciate the point you're making, but I also think you
             | are grossly undervaluing the specialisation of cab drivers.
             | 
             | In the UK, the Knowledge [1] is a notoriously arduous exam
             | which certainly makes cab drivers anything but "replaceable
             | 'cogs in the machine'".
             | 
             | In fact, I think the fact that people view these jobs as
             | being replaceable is what leads to their deterioration.
             | Someone who has a GPS but no innate and learned knowledge
             | of the terrain does not provide a service comparable to
             | someone who has a thorough understanding of the domain. And
             | the more people rely on the former, the more they think
             | that that's all there is to it, and so it becomes a race to
             | the bottom of sorts.
             | 
             | I'm not sure if I'm articulating this fully, but basically:
             | jobs such as cab driving require specialisation and skill
             | to be done well, but are often replaced by those without
             | that skill doing freelance driving, which leads to a
             | deterioration of expected service, and people ultimately
             | thinking that the workers are all interchangeable.
             | 
             | [1] https://tfl.gov.uk/info-for/taxis-and-private-
             | hire/licensing...
        
               | kwhitefoot wrote:
               | > he Knowledge
               | 
               | Only applies in London.
        
               | starfallg wrote:
               | >In the UK, the Knowledge [1] is a notoriously arduous
               | exam which certainly makes cab drivers anything but
               | "replaceable 'cogs in the machine'".
               | 
               | >In fact, I think the fact that people view these jobs as
               | being replaceable is what leads to their deterioration.
               | 
               | Uber and the online routing within the app made this
               | obsolete. The jobs that gig economy jobs may be skilled,
               | but these gigs now aren't. The platform took the skill
               | away from the job. The workers are just drones now.
        
               | bitdivision wrote:
               | I agree uber drivers =/= black cab drivers, but I'd also
               | argue that most people don't want or need a black cab
               | driver today.
               | 
               | What extra services does a black cab driver provide over
               | an Uber driver in London?                 - Better
               | knowledge of traffic patterns?       - Ability to
               | recommend places, give you local knowledge
               | 
               | That's all I can really think of. I agree that local
               | knowledge is sometimes useful, but the vast majority of
               | the time I know exactly where I want to go, and if I'm
               | looking for recommendations I'm likely to trust the
               | internet more than a taxi driver.
        
               | Ansil849 wrote:
               | It's all about the subtle nuance of the service provided.
               | A skilled driver will know which route to take if the
               | passenger wants the absolute quickest route, or if the
               | passenger wants a scenic route, or which cobble-stone
               | roads to avoid if the passenger says they're feeling a
               | bit ill, or hundreds of other such intricacies and
               | peculiarities which come with offering expert service
               | which someone who just has a GPS app on their phone and
               | some free time can't begin to offer.
        
               | tgsovlerkhgsel wrote:
               | That's nice. They should continue to offer this premium
               | service at premium prices, then, for the few people who
               | are willing to pay the premium.
        
               | Ansil849 wrote:
               | My point up-thread was that this tier of service used to
               | be more or less the de facto standard of service that you
               | would get for a standard, not a premium, fee. Over time,
               | it has deteriorated and is now the domain of specialty
               | car hire services. I'm not sure that that's a good thing.
        
               | tgsovlerkhgsel wrote:
               | My point is that the "standard" fee is premium when
               | compared to Uber which tends to cost half as much in the
               | countries where I tried it.
               | 
               | Aside from solving the trust/scam problem, that's one of
               | the reason why people like Uber - it made 'car as a
               | service' affordable. Without Uber, I might have bought a
               | car, because a factor of 2 completely changes the
               | picture.
        
           | d0gsg0w00f wrote:
           | I bet employers are wishing they never got involved in
           | benefits. Now they're just the governments execution arm for
           | social programs and they're stuck forever.
           | 
           | Looking back, the only reason employers started getting
           | involved in Healthcare was because the 1942 Stabilization Act
           | restricted them from raising wages and they had to come up
           | with a more creative way of competing for talent.
           | 
           | Now the ACA forces companies to privide insurance by law.
           | Under Biden's Covid plan they're now going to be the
           | execution arm for vaccine mandates. It's crazy to think that
           | to start a business you need to almost immediately be
           | prepared to be a federal government franchisee.
        
             | etchalon wrote:
             | Yes, as a business owner, I'm very upset that I have to
             | "follow the law". Things would be so much easier if I
             | didn't.
        
               | d0gsg0w00f wrote:
               | My point is that it didn't used to be a law. Why can't
               | the government enforce it's own social program and let
               | businesses focus on their primary goal instead of
               | healthcare compliance.
        
               | etchalon wrote:
               | The government does enforce its own social programs. It's
               | found the most efficient/popular way to do that is
               | through businesses.
        
               | majormajor wrote:
               | That greatly overstates the intentionality and search for
               | efficiency involved in how we got this mismash of health
               | care coverage.
        
               | d0gsg0w00f wrote:
               | Yeah, it's like companies are the gig economy workers for
               | the government.
        
               | com2kid wrote:
               | > It's found the most efficient/popular way to do that is
               | through businesses.
               | 
               | Not at all, look up the history of health insurance in
               | America, companies providing it was not by design, it was
               | in fact done to get around government laws on wage caps
               | during the great depression.
               | 
               | Now days the system is entrenched, there are a large # of
               | corrupt players who leech of the healthcare ecosystem in
               | America, and they pay good $ to lobbyists and PR firms to
               | keep things that way.
               | 
               | Right now 1/3rd of health care costs go to working out
               | billing. That type of insane inefficiency would not be
               | tolerated in a true capitalist marketplace. Imagine if
               | Visa charged 33% commission on every sale and then had a
               | law passed saying all purchases had to be done with a
               | Visa card! That'd be an insane drag on the economy,
               | America's GDP would plummet.
               | 
               | But we literally accept that exact scenario with health
               | care costs. (Except for cosmetic procedures, which have a
               | competitive market that has driven technology forward and
               | prices down!)
        
             | boplicity wrote:
             | I wish more people realized how anti-capitalist the current
             | healthcare system is in the U.S.
             | 
             | If you want to encourage business, then remove barriers.
             | Governments should be taking care of healthcare, not
             | businesses.
             | 
             | Businesses should be focused on the core work they do:
             | Running their business. Not on providing health care.
             | 
             | (Same goes, really, for childcare, transportation, and
             | similar benefits that large employers sometimes offer,
             | often because these things are not effectively provided by
             | the government.)
        
               | hellisothers wrote:
               | Can the government take back all those sweet sweet tax
               | deductions they provide in exchange?
        
               | d0gsg0w00f wrote:
               | Most of those seem decent [1] but mostly related to
               | reducing taxes on income you put into the government
               | social program instead of letting you invest somewhere
               | else. Not sure employers would see the tax breaks as
               | enough justification if they weren't forced.
               | 
               | [1] - https://www.ncsl.org/research/health/employer-and-
               | individual...
        
               | etchalon wrote:
               | Completely agree. Universal healthcare would empower a
               | lot of entrepreneurs, make it easier to attract talent
               | for smaller companies, and free me of a completely
               | ridiculous amount of paperwork and oversight each year.
               | If someone told me, as a business, I could just pay a tax
               | and know my employees had access to the same quality of
               | care as everyone else, I'd sign up in a heart beat.
        
               | dantheman wrote:
               | How about we get companies and government out of
               | healthcare?
        
               | ClumsyPilot wrote:
               | So what's left, witch doctors?
        
               | tmathmeyer wrote:
               | you just want no health care at all then?
        
               | dantheman wrote:
               | Nope, how about you just buy insurance outside of the
               | workplace like any other thing.
        
               | ClumsyPilot wrote:
               | So you meant 'employers' rather than 'companies'?
        
             | e3bc54b2 wrote:
             | Considering those same employers also get massive subsidies
             | for every kind of self-inflicted damage, which results in
             | massive C-suit cash-outs and buy-backs, this is the least
             | the commons could hope for.
        
               | d0gsg0w00f wrote:
               | I guess I was thinking more about small to medium sized
               | businesses. A business with 50-100 employees has to
               | enforce government social programs but there won't be any
               | c-suite golden parachutes.
        
         | fallingknife wrote:
         | 'Employment' is abused by the government to provide social
         | benefits that it doesn't want to pay for. A job should trade
         | work for cash and no more.
        
           | jacquesm wrote:
           | What a nonsense. This article is about NL and social benefits
           | are working just fine here.
           | 
           | Jobs as trade work for cash went out the window around the
           | middle of the previous century.
        
           | kazen44 wrote:
           | sadly, that is not how capitalism works in practice.
           | employers have a vastly higher amount of leverage at the
           | negotiation table compared to employees.
           | 
           | Dutch society (and most of western Europe) has made an
           | explicit choice to create a social contract in which
           | employees and employers are bound by the law of the
           | government in question. and that law contains rules about
           | employment.
           | 
           | mind you these rules exists because of the risk of the threat
           | of violent uprisings in the 1850's. the revolutions of 1848
           | are a result of working in the way you just stated. it leads
           | to massive unrest and instability.
        
             | yawaworht1978 wrote:
             | You can include southern and eastern Europe as well, it's
             | just bit different there. When society was still less
             | mobile and many jobs were meant to be forever(when I
             | started to work, this was coming to an end slowly), workers
             | took their jobs very seriously(none of that we are family
             | messaging on intranets like these days) and everyone knew
             | their place, workers respected a managers authority and I
             | have seen on more than one occasions how attempted manager
             | power play was shut down right on the spot, often with
             | let's say credible promises of sever aggression. Some parts
             | of Europe have a population that's a bit short tempered,
             | such things like some coked up Uber manager touching
             | someone's gf or wife would be dealt with swiftly and
             | personally.
             | 
             | There are many such social contracts, written, unwritten
             | and I am proud that Europe has them and is keeping them.
             | 
             | Interestingly, having spent plenty of time in LATAM, many
             | people consider themselves leftists, but it's very, very
             | different, the social system is bad due to lack of money,
             | or impractical allocation of funds, but the will and spirit
             | is there.
        
           | capableweb wrote:
           | Everyone is abusing everything. We've seen time and time
           | again companies abusing employees with hard work, long
           | schedules, unsafe environments and skimping on safety, which
           | is why we have laws for safe working environments now.
           | 
           | Sometimes work is physically hard, and the effect of that
           | type of work usually doesn't show until you've done it for a
           | longer time. So not only should you get money for the time
           | and effort you spend, you should also get money for how hard
           | the work was on your body. Pension and other benefits help
           | with this.
        
             | fallingknife wrote:
             | That's not so much an effect of years of hard work as it is
             | that as you get older your capacity for hard work declines.
             | Also we already have government pensions. So why should a
             | company have to provide them? The economic effect of this
             | is that workers have to wait years for some of their pay
             | instead of getting it right now.
        
               | yawaworht1978 wrote:
               | As programmers or office based workforce, the worst
               | hazards might be carpal tunnel syndrome, bad back from
               | bad posture and maybe an upset stomach from a bad coffee.
               | 
               | I have known plenty of young guys in the UK who went on
               | these fly in fly out jobs on gas or oil platforms in
               | Australia, as it's a relatively uncomplicated way to get
               | a well paid job (the only good thing about it) due to
               | easy access to Australia, being commonwealth etc. Some of
               | them turned into literal cripples within 2-3 years,
               | others half cripples requiring re education or placement
               | in a less physically demanding job. It's not the same
               | doing this once for a weekend and then classify it as
               | "not so hard" and go out there, work in 100 deg heat or
               | sub freezing temperatures every day, rain, wind etc. It
               | grinds down a body slowly.
        
               | capableweb wrote:
               | > That's not so much an effect of years of hard work as
               | it is that as you get older your capacity for hard work
               | declines
               | 
               | Sure, if you're a programmer this might be true, but for
               | most of physical jobs out in the world, the physicality
               | of the job is literally tearing down peoples bodies one
               | way or another.
               | 
               | > Also we already have government pensions
               | 
               | Yeah, so not "A job should trade work for cash and no
               | more" but "A job should trade work for cash + pension" as
               | pension is a social benefit.
               | 
               | > The economic effect of this is that workers have to
               | wait years for some of their pay instead of getting it
               | right now
               | 
               | No, the economic effect of this is that workers get paid
               | for their work now, and the effect of that work in the
               | future.
        
           | rapind wrote:
           | To be honest if there was government provided universal
           | healthcare, basic income, and housing guarantees I would
           | totally agree. It would create a ton more mobility, and take
           | a lot of power away from employers.
        
             | devcpp wrote:
             | Let people opt into those things, or make it up to local
             | law and let municipalities compete on services.
        
               | isbvhodnvemrwvn wrote:
               | That comes from a privileged point of view. People with
               | little skills will be coerced to give up these things and
               | the cost will be shifted on other people.
        
             | fallingknife wrote:
             | That's what I'm talking about though. The government thinks
             | people should have these things but doesn't have the
             | political will to implement them so they demand that
             | employers provide them rather than just paying cash. This
             | is the reason that the category 'employee' exists in the
             | first place.
        
               | wwtrv wrote:
               | 'so they demand that employers provide them..' Yes,
               | that's the situation in the US, yes, not sure how
               | relevant it's to this discussion, though. In many
               | European countries healthcare is funded through a payroll
               | tax and provided by the government/a public agency.
        
               | fallingknife wrote:
               | Yes and that's what we should do instead of this half
               | assed, politically expedient, 'make the corporations pay
               | for it' bullshit that we do now.
        
         | hungryforcodes wrote:
         | But what if I legitimacy want to be a freelancer? Lifestyle
         | reasons, freedom, whatever. I should have a choice.
        
           | AndyMcConachie wrote:
           | I'm a consultant in The Netherlands and for this purpose I
           | control my own BV. Similar to an LLC in the USA.
           | 
           | But I don't drive a taxi, I do computer stuff. If you want to
           | legitimately be independent in NL you can. I have a few
           | friends in the construction industy(plumbers, carpenters,
           | electricians, etc) who are ZZP'ers.
           | 
           | There are a few options open to people who legitimately want
           | to be independent in their work, and this has absolutely
           | nothing to do with this ruling. Or about Uber.
           | 
           | Uber is lying when it says that 90% of Dutch Uber drivers
           | want to remain independent. There have been protests of Uber
           | drivers wanting exactly this kind of ruling from the courts.
           | And two major political parties (Groenlinks and PvDA) have
           | been fighting for this. Uber is full of shit and they know
           | it.
           | 
           | Here is a better article on the ruling.
           | https://www.ad.nl/werk/rechter-uber-moet-chauffeurs-in-
           | diens...
        
             | jb1991 wrote:
             | Just to point out, that a BV and an LLC are very different,
             | in that anyone can have an LLC in the USA but the tax
             | reporting requirements and overhead for a BV in NL are
             | quite high and don't make much sense to anyone with an
             | income less then.. well, quite high, by most standards. I
             | know a lot of freelance software engineers in the
             | netherlands, but none have a BV.
        
               | jacquesm wrote:
               | I know a lot of freelance software engineers in the
               | Netherlands and quite a few of them do.
               | 
               | BV starts to make sense from about 100K turnover because
               | you gain some tax advantages, it also makes working for
               | larger entities easier and it allows you to charge a
               | higher rate and to be in an easier position to work with
               | subcontractors. It all depends on what you want, there
               | are plenty of ZZP'ers in software development on the low
               | end, but most of the high end will be through BV's.
        
               | CaptainZapp wrote:
               | In Switzerland and Germany there's a difference between
               | an AG (Aktiengesellschaft) and a GmbH (Gesellschaft mit
               | beschrankter Haftung).
               | 
               | Both have more or less the same tax and structural
               | advantage (like limited liability, a far easier time to
               | get acknowledged by social security, etc)
               | 
               | The main difference is capital requirements and more
               | formality for the AG. For example: The law requires
               | yearly external audits for an AG, while that's not
               | necessarily the case for a GmbH.
               | 
               | Does Holland also make such a difference, or is BV the
               | only such corporate form?
               | 
               | Note: Differences listed apply for Switzerland. It could
               | be different in Germany.
        
               | belter wrote:
               | In the Netherlands you have essentially:
               | 
               | Private limited company (BV or besloten vennootschap)
               | 
               | or
               | 
               | Public limited company (NV or naamloze vennootschap)
               | 
               | The BV is like a Ltd in the Anglo Saxon world and the NV
               | is your company with equity defined by shares/stocks.
               | 
               | you can also have:
               | 
               | Cooperative (cooperatie)
               | 
               | Association (vereniging)
               | 
               | Foundation (stichting)
        
               | Lev1a wrote:
               | > It could be different in Germany.
               | 
               | Nice overview(s) for Germany and most other countries
               | with comparisons where appropriate.
               | 
               | Regarding the AG in Germany and required regular external
               | auditing, in my university course where I learned about
               | the charasteristics of the most common German legal
               | entities [0], there was no such requirement listed or
               | talked about, maybe that's only for Switzerland?
               | 
               | The GmbH on the other hand requires a minimum capital of
               | 25.000EUR and is expensive to form (from the course
               | mentioned above >1.000EUR in fees for notarizations etc.)
               | which is one reason why the "UG (haftungsbeschrankt)"
               | (essentially "baby's first GmbH") was established a while
               | ago. A UG only has to have a minimum of 1EUR in starting
               | capital but has to
               | 
               | > "enlarge its capital by at least 25% of its annual net
               | profit (with some adjustments), until the general minimum
               | of EUR25,000 is reached (at which point the company may
               | change its name for the more prestigious GmbH)."
               | 
               | Further reading: https://en.wikipedia.org/wiki/Entreprene
               | urial_company_(Germa... https://en.wikipedia.org/wiki/Ges
               | ellschaft_mit_beschr%C3%A4n...
               | 
               | [0]: as part of the subject
               | "Finanzwirtschaft"/"Managerial finance?"
        
               | belter wrote:
               | What is the difference between those freelance software
               | engineers and the Uber drivers if they are freelancing
               | for one company only?
               | 
               | As far as I know, and I am happy to be corrected by
               | somebody more knowledgeable, the famous Dutch ZZP'ers are
               | tolerated. There is in the Dutch Law not a clarification
               | of their legal and tax position:
               | 
               | https://onl.nl/zzp-manifest/
        
               | rambambram wrote:
               | Both freelancing and ZZP don't have a legal definition.
               | It's just a business. In these cases a business of one.
               | Without being incorporated, so if you screw up, creditors
               | can come after your personal bank account.
               | 
               | So there's nothing to "tolerate" but money. ;)
        
               | gargs wrote:
               | What are those tax advantages, assuming that you're
               | talking about income and not business
               | expenses/investments? Why would making a BV enable you to
               | charge higher rates if you're still the only 'employee'
               | in the BV and have the same insurances?
        
               | jb1991 wrote:
               | Doesn't change my point though that a BV is an unfair
               | comparison to an LLC.
               | 
               | Also your threshold of 100K does not align with my
               | accountant's, who said it was at least 200K to justify
               | the added overhead.
        
               | belter wrote:
               | Correct. With a BV in the Netherlands, you get
               | immediately the fiscal Calvinism of the Dutch tax office
               | at play. Despite the fact that:
               | 
               | - You work for yourself so you get 100% of the risk
               | 
               | - You have no benefits
               | 
               | - If you are sick you get no pay, unless you make a very
               | expensive work sickness/income insurance
               | 
               | the Dutch tax office, judges that they do not want you to
               | be in a "too advantageous fiscal position" ...( Not
               | making this up...these are their own words) so, forces
               | you to pay yourself a minimum yearly salary that is
               | updated every year so they can tax you. It is currently
               | at 47,000 EUR per year I believe...and is independently
               | of you making money or not...
        
               | kazen44 wrote:
               | the reason they use this salary is for tax purposes.
               | otherwise doing tax fraud would be easy with a BV. by
               | simply not paying yourself a wage and living of the BV
               | instead.
        
               | belter wrote:
               | The BV has to pay taxes. And costs have to be business
               | related. Since when living from your own work is
               | considered fraud?
               | 
               | There is a fundamental principle here, and that is the
               | tax office considering that, unlike a permanent employee
               | who cannot be fired and has almost no liability, an
               | entrepreneur, despite taking all the risk and having non
               | of the benefits, is judged that it should be forced into
               | the same tax position. Where is the upside then?
               | 
               | This coming from the same tax office, that has enabled
               | some of the biggest tax dodgers in the planet:
               | 
               | "Netherlands earned EUR25 mil. from Google's tax
               | avoidance"
               | 
               | https://nltimes.nl/2021/01/13/netherlands-earned-
               | eu25-mil-go...
               | 
               | "Forget about the Gates Foundation. The world's biggest
               | charity owns IKEA--and is devoted to interior design"
               | 
               | https://www.economist.com/business/2006/05/11/flat-pack-
               | acco...
               | 
               | "Netherlands world's 4th biggest tax haven"
               | 
               | https://nltimes.nl/2021/03/09/netherlands-worlds-4th-
               | biggest...
               | 
               | "The Netherlands is still one of the world's main tax
               | havens, coming in fourth place on Tax Justice Network's
               | biennial ranking of tax havens. Only the British Virgin
               | Islands, the Cayman Islands and Bermuda scored worse than
               | the Netherlands when it came to tax avoidance."
        
           | oliwarner wrote:
           | So work part time, on the clock.
           | 
           | Obviously this takes the company to provide those sorts of
           | jobs. The problem for Uber is that they won't be able to --as
           | easily-- have slack staff, because they'll have to pay them
           | minimum wage to wait for new fares.
        
           | impute wrote:
           | Then find your own clients who want to be driven around.
        
           | brnt wrote:
           | If you're a freelancer, a client could not be enforcing the
           | demand that you don't work for other similar employers, nor
           | demand that you take every single gig that they ask you to
           | do.
           | 
           | Uber wants it both ways, and correctly, the courts have
           | stopped them from doing so.
        
             | lstodd wrote:
             | > demand that you don't work for other similar employers,
             | nor demand that you take every single gig
             | 
             | That's news for me.
             | 
             | Where I live, every single taxi driver has an app open for
             | every uber-like company in the city, including Uber (there
             | are at least four that I know of, most certainly more).
             | 
             | They just pick what they feel like at the moment.
             | 
             | How this is not freelancing I cannot fathom.
        
           | bryanlarsen wrote:
           | Working part time for Uber won't have less freedom than
           | working as a free lancer for Uber.
        
             | Vaslo wrote:
             | Absolutely it will. Everytime you try and force a labor
             | law, companies have people who are smart and figure out a
             | way around it. Now they can tell Uber drivers when they
             | will work and where they will work. So if you don't want to
             | work the night shift, too bad. They will keep the part time
             | hours to just the minimum needed and whatever shortfall
             | they have to hit their yearly plan will be supplemented by
             | releasing drivers who won't work busy and profitable times.
             | If you are the guy who drives a few evenings a week on the
             | side, you may be out of luck.
        
               | bryanlarsen wrote:
               | Part time workers get fewer benefits than full time ones,
               | so Uber will be incentivized to encourage part time
               | workers.
        
           | yawaworht1978 wrote:
           | Good luck with that, if you pay for all the mandated
           | services, you will run a deficit.
           | 
           | Yes people laugh off drivers as a no skill job, but it's a
           | craft. Shift work, passenger safety and so forth, they need
           | to pass a test, sure that's a bit outdated in the time of
           | online maps.
           | 
           | But I can not simply open a dentistry just because I feel so
           | due to lifestyle choices.
        
             | CaptainZapp wrote:
             | > sure that's a bit outdated in the time of online maps
             | 
             | As a passenger I feel it's a significant qualitative
             | difference if I have a driver who knows his way around town
             | compared to one who obviously and fixatedly relies on the
             | GPS.
        
             | iso1631 wrote:
             | I got a black cab a couple of weeks ago in London (it was
             | chucking it down) near St Pauls. Asked to go to Nandos in
             | Southwark.
             | 
             | The vaunted "knowledge" failed miserably as he pulled over
             | to drop me off -- I looked up and saw we were just south of
             | Tower Bridge. he clearly hadn't got a clue. I said "just
             | take me to Southwark tube station". I know there's all
             | sorts of one way systems but when he was heading to
             | Bermondsey I just told him to let me out and got the tube
             | (well tried to - Southwark was closed, so ended up at
             | Waterloo and having to walk)
             | 
             | Uber just works because it's not based on a system from
             | 1865.
        
             | isodev wrote:
             | Indeed, here in Belgium there are extensive requirements
             | for taxi drivers in terms of certification, education and
             | vehicle maintenance. That's one of the reasons Uber never
             | really succeeded here - even as a "freelance driver", you
             | still need to be qualified and that takes time and effort.
        
               | cinntaile wrote:
               | It's probably because it makes it difficult to dodge
               | taxes when Uber registers all the transactions ;)
        
               | iso1631 wrote:
               | Last time I got a taxi in Belgium the card machine
               | (advertised on the window) was "broken". C'est la vie, I
               | just walked off.
               | 
               | Had that in Washington DC once, but magically the machine
               | fixed itself when I said I had no cash and he'd have to
               | get the police.
        
               | vidarh wrote:
               | In London you can now report the driver if they're on the
               | road with a "broken" card machine, as that makes the car
               | considered "unfit".
               | 
               | A lot of drivers still use unapproved card devices,
               | though (TFL points out handheld terminals are explicitly
               | not approved, yet I regularly have taxi drivers insist
               | their fixed terminal isn't working, and to use a handheld
               | one), which I'm taking means there's assorted tax fraud
               | going on.
        
           | GekkePrutser wrote:
           | Then you're not going to do it for the money that uber pays.
           | 
           | As a ZZP you're meant to provide for your own pension, sick
           | leave, disability insurance. No way what Uber pays is going
           | to cover that.
           | 
           | This is why they're doing it of course, to avoid having to
           | provide those things. But those are statutory rights in the
           | Netherlands. And for good reason, otherwise if someone
           | becomes disabled it ends up on the state's plate. We don't
           | leave people by the side of the road if we can help it.
        
             | devcpp wrote:
             | Why aren't these payments taken from the employee then? In
             | my country retirement and social security appear right in
             | my paycheck. Why isn't it the same for freelancers (when
             | they declare taxes)? If their wage is too low as you claim,
             | this isn't something that will change when they become
             | employees, so this solves nothing. If this is about a
             | minimum wage, then the real solution is forcing freelancers
             | to work a minimum of monthly hours, which treats the root
             | problem.
             | 
             | This assumes the meaning of freelancers is being able to
             | join and leave an employer when you want, and not being
             | able to fix your own prices and refuse gigs like others are
             | saying. I think you should be able to open a freelance
             | provider with restrictions, as Uber is doing. I see no
             | reason to outlaw that.
        
               | consp wrote:
               | > This assumes the meaning of freelancers is being able
               | to join and leave an employer when you want, and not
               | being able to fix your own prices and refuse gigs like
               | others are saying.
               | 
               | You see it that way, but the Dutch law doesn't. If the
               | freelancer has no real choice and cannot dictate his/her
               | own terms they are not a freelancer but an employee
               | without the benefits of an employee. Social programs
               | should be displayed these days on your paycheck if you
               | are an employee. Not every (administration) company is
               | doing it properly though.
               | 
               | Forcing freelancers to work more hours for less than a
               | sustainable minimum pay solves nothing as the minimum
               | wage is calculated on a full workweek.
               | 
               | I'm sure Uber is allowed to offer freelance work, but not
               | with the current way of doing business. As soon as they
               | let the freelancer dictate the pay (or at least properly
               | negotiate) it looks they will be fine.
        
               | unnouinceput wrote:
               | <In my country retirement and social security appear
               | right in my paycheck
               | 
               | What country is that? US, the only country that its
               | politicians actively lobbies against universal
               | healthcare, healthcare that is successfully implemented
               | in every! f*ing! other! Western country?!! (and quite a
               | few other countries that are not Western, such as my full
               | of corruption Eastern Europe one)
        
               | umanwizard wrote:
               | Plenty of countries in Western Europe too have mandatory
               | employee contributions to various social programs.
        
               | mattmanser wrote:
               | Not sure what country you are, but most also have the
               | Employer pay on top of that too.
               | 
               | So you might pay a 10% social security tax, and the
               | employer might be paying an additional 15% that doesn't
               | appear on your payslip.
               | 
               | That's what Amazon, etc. are talking about when they say
               | they pay a load of employment taxes.
               | 
               | That's also why a lot of countries are eying the gig
               | economy with skepticism, it's actually often just a
               | massive tax dodge for the company to not pay employment
               | taxes.
        
               | jhrmnn wrote:
               | I never understood why this distinction is made and why
               | it's not just obfuscation. The real numbers are the cost
               | of an employee to the employer and the amount the
               | employee gets, the difference is what the state took as a
               | tax, and the way that cut is divided to different state
               | budget chapters is inconsequential to both the employee
               | and the employer
        
             | rattray wrote:
             | > Then you're not going to do it for the money that uber
             | pays.
             | 
             | Then, ah... who's driving the Ubers in the Netherlands and
             | why? Is there some credible evidence of coercion at hand?
        
               | yawaworht1978 wrote:
               | Coercion is a bit a radical expression, I would call it
               | dire economic straits, make a quick buck on the side.
               | 
               | Whatever the reason, good on the Dutch and the union not
               | letting them trample on their values by these "honorable"
               | folks and their values, here is the hall of shame:
               | Wednesday February 22: Cocaine and groping. Thursday
               | February 23: Investor betrayal and accusations of stolen
               | technology.
               | 
               | Fowler, a former engineer at the company, alleged in a
               | blog post that she was sexually harassed at Uber and
               | experienced gender bias during her time at the company.
               | She claimed that one manager propositioned her and asked
               | for sex, but her complaints to HR were dismissed because
               | the manager was a high performer. She said Uber continued
               | to ignore her complaints to HR, and then her manager
               | threatened to fire her for reporting things to HR.
               | 
               | Isolated incident? Not so Employees did cocaine during a
               | company retreat and a manager had to be fired after
               | groping multiple women, according to the report. Former
               | employees said they'd notified Uber's leadership,
               | including Kalanick and CTO Thuan Pham, of the workplace
               | harassment.
               | 
               | Google, another Uber investor(!!!!), sued the company for
               | intellectual property theft.
               | 
               | Uber's SVP of engineering stepped down over sexual-
               | harassment allegations at his former job at
               | Google.Singhal went through the standard background
               | checks before his employment at Uber and that the sexual-
               | harassment allegations during Singhal's time at Google
               | never came up.
               | 
               | The New York Times revealed that Uber has been
               | secretively deceiving authorities for years with a tool
               | called 'Greyball'
               | 
               | Escort karaoke bar visit in Seoul, After the evening, a
               | female Uber employee told HR that the trip made her
               | uncomfortable.
               | 
               | Uber delays the investigation into workplace harrasment
               | after information pours in from "hundreds" of its
               | employees
               | 
               | Apple CEO had threatened to yank Uber from the App Store
               | if it continued to violate the App Store's terms and
               | conditions. As an act of fraud prevention, Uber had
               | affixed a small piece of code that could tell if someone
               | was using the same phone over and over again and then
               | wiping it to take advantage of promo codes
               | 
               | Waymo accuses Uber of creating a shell company to bring
               | on a former Google engineer.
               | 
               | Disruptive business practices, eh?
        
               | lhorie wrote:
               | Uber is about as close to a ship of theseus as it gets.
               | 
               | All this stuff you're talking about is ancient news from
               | like 4 years ago. Since then, the entire C-suite left,
               | including Kalanick and Thuan (Singhal spent virtually no
               | time at Uber), not to mention crazy high attrition rates
               | at all levels, and several rounds of layoffs to top it
               | all off.
               | 
               | Since then, greyball and its ilk got shutdown, the CSO
               | got fired for hiding a leak, HR ramped up from its
               | comically understaffed numbers, and Uber even "fired" a
               | board member for making a sexist joke.
               | 
               | The only high profile scandal under new management that I
               | recall was the Tempe SDV death, and that division got
               | sold off to Aurora...
        
               | yawaworht1978 wrote:
               | Nope, this excuse does not fly. First they do things
               | clandestinely, then try to prevent any court case, then
               | drag the court case out as long as possible and then it's
               | supposed to be ancient?
               | 
               | So you are saying the new c level are something like
               | angels and saints? https://lawstreetmedia.com/tech/uber-
               | officers-and-board-memb...
        
               | lhorie wrote:
               | You're the one clearly pushing an agenda, I'm just
               | stating facts. IIRC the discussion here at the time about
               | the lawsuit you linked characterized it as "frivolous"
               | and "sour grapes", and other words to that effect.
               | 
               | If I wanted to make claims about saintness, I wouldn't
               | bring up Tempe, I would've brought up the stuff about the
               | CLO leading equality efforts (him being a black person),
               | or the stuff about Afghanistan relief donation matching
               | and other similar initiatives. But like said, I'm not
               | interested in playing good-guy-bad-guy games, and I'm
               | perfectly content w/ characterizing Uber as a company
               | seeking profits just like Microsoft, Google or FB or
               | whoever else is getting a stink eye these days.
               | 
               | You're free to be cynical, but doing so by cherrypicking
               | only stuff that supports "your" side is kinda
               | intellectually dishonest. </two-cents>
        
               | rattray wrote:
               | Elaboration: My impresssion is that rideshare driving is
               | an _incredibly_ liquid market, so its really hard to
               | imagine a mechanism for long-term wage suppression other
               | than external factors like an untrained workforce or poor
               | economy overall.
        
             | syshum wrote:
             | You will if it not your primary income, but used to
             | supplement or do when you have nothing else to do.
             | 
             | Too many people think that the only people that drive for
             | Uber are people that need it for Full Time employment.
             | 
             | There are lots of people that use it for extra income, that
             | is who these types of laws hurt the most
        
           | dagw wrote:
           | Nothing is stopping you from being an actual freelancer. A
           | large point of this ruling was that people working for Uber
           | aren't actually freelancers, since they're not free to pick
           | their clients or set/negotiate their own prices.
        
             | Aunche wrote:
             | Both are features that Uber can implement, but you can't
             | cheat the market. At the end of the day, if you're just
             | driving someone from point A to point B, you're competing
             | with everyone else at the moment doing the same. As a
             | driver, your client in this case is either Uber, Lyft, or
             | another ridesharing service. If they add the ability to
             | decline riders, I don't see how it would be used for
             | anything else besides discrimination.
        
             | devcpp wrote:
             | Then it's stopping you from working for a company that
             | forces you to take clients at a given price without an
             | employment contract and all its implications. What if
             | that's what I want? I think some Uber drivers appreciate
             | the work mobility.
        
               | ClumsyPilot wrote:
               | You want to be forced to take clients you don't want. You
               | want someone else to decide a price you might not want.
               | You want to be unable to get employment benefits you
               | might want.
               | 
               | I mean, that's some niche requirements there, I would
               | categorise it as serfdom.
               | 
               | I am onboard in principle - I want try all the
               | psychedelics, fly a plane without a licence and
               | experiment with explosives for education purposes, but as
               | R v Copeland shows, the law can't cater to everyone -
               | tradeoffs have to be made.
        
               | dagw wrote:
               | _What if that 's what I want?_
               | 
               | Most places have lots of rules forbidding you from
               | working under certain conditions or doing a job any way
               | you want to do it.
        
               | claaams wrote:
               | "I want and like being exploited"
        
               | brnt wrote:
               | I know that there are circles in which it is argued
               | freedom means being allowed to sell yourself into
               | slavery, but you'd hope the vast majority of us have come
               | to understand the danger of that interpretation of
               | freedom.
        
             | greatpatton wrote:
             | But the same rules applied to all taxi drivers before Uber.
             | In a lot of place taxi driver were forbidden to not accept
             | customer hailing them, and the price is controlled almost
             | everywhere. The logic would be that all taxi drivers have
             | to been employed.
        
               | vidarh wrote:
               | The difference here is that these requirements are not
               | set by a company contracting you to drive for them.
        
               | capableweb wrote:
               | > In a lot of place taxi driver were forbidden to not
               | accept customer hailing them
               | 
               | I've hang out with my fair share of taxi drivers around
               | the world (mainly Europe and South America) but never
               | once heard of them being forbidden of not accepting
               | customers, and heard plenty of stories when someone
               | really fucked up tried to hail them but they declined. It
               | doesn't mean it's not forbidden, but hard to reconcile my
               | understanding.
               | 
               | What places are you specifically thinking about where
               | taxi drivers are not free to chose their customer?
        
               | macksd wrote:
               | In New York, the taxis with "medallions" are required to
               | take you to places within the metro area. I'm not sure at
               | what point that requirement sets in, whether it's
               | hailing, or once you're in the cab, etc. but it's well-
               | known that you can report them for refusing to take you
               | somewhere.
        
               | djhworld wrote:
               | It depends, there's a lot of local and national
               | regulations in different countries.
               | 
               | For example in my part of the UK, only designated taxis
               | can pick up ride hailers on the street, sort of like
               | black cabs in London.
               | 
               | Private firms who use their own fleet of cars can only
               | offer pre-booked services, e.g. pre booked airport runs.
               | 
               | Uber and co. shook this up a bit by offering a grey area,
               | where the taxi ride isn't exactly hailed on the street
               | (instead through the app) and is sort of "pre-booked"
               | when you request it as the driver has to accept the job.
        
               | capableweb wrote:
               | > For example in my part of the UK, only designated taxis
               | can pick up ride hailers on the street, sort of like
               | black cabs in London.
               | 
               | Yeah, that makes sense, that's the only thing I've seen
               | around the world as well. But can these designated taxis
               | reject customers at will? That was my question.
        
               | disgruntledphd2 wrote:
               | Practically, they can but I'm not sure about the
               | regulations. Interesting question though.
        
               | belter wrote:
               | In most countries Taxi drivers cannot refuse a passenger
               | hailing them. Its difficult to enforce and they normally
               | claim they did not see you but they must take you:
               | 
               | UK:
               | 
               | "Cabbies can be penalised for refusing passengers" https:
               | //www.lta.gov.sg/content/ltagov/en/newsroom/2019/8/3/c...
               | 
               | Canada - Montreal:
               | 
               | https://ville.montreal.qc.ca/pls/portal/docs/page/bur_tax
               | i_f...
               | 
               | "Le titulaire d'un permis de chauffeur de taxi ne peut
               | refuser d'effectuer une course"
               | 
               | France:
               | 
               | "Normalement, un taxi n'a pas le droit de refuser une
               | course sauf si vous etes a 50 metres d'une borne de taxi
               | et qu'un taxi attend a cette borne"
               | 
               | https://www.europe1.fr/societe/taxi-ce-qui-est-legal-et-
               | ce-q....
               | 
               | and so on...
        
               | niemandhier wrote:
               | Personenbeforderungsgesetz (PBefG) SS 22
               | Beforderungspflicht which applies to taxis in Germany.
               | Roughly translates to:
               | 
               | Human Transportation Act SS22 Duty to Transport.
        
           | Cthulhu_ wrote:
           | You should also have a choice to not use Uber; besides
           | customer discovery, what does Uber offer you that's worth
           | their bad pay and commission?
           | 
           | Plenty of old fashioned taxi companies that operate via a
           | phone number or text messages. You don't need Uber if you
           | want to be a freelancer. And as a court ruled, you're not
           | actually a freelancer if you work for Uber.
        
             | derekp7 wrote:
             | How does that work out for a single taxi driver and
             | customers calling them directly? They may be on the other
             | side of town and get 5 calls at the same time, leaving most
             | of their customers without service. Or more likely,
             | customers will want to call one number and have a local cab
             | dispatched to them from whoever is available.
             | 
             | Now what would be nice is if someone would start a service,
             | say a mobile-web-first service, that a bunch of independent
             | cab drivers could sign up for. Then that service would act
             | as a dispatcher (taking a cut of the fare), and send a
             | dispatch message to whichever independent cab driver is
             | closest by. Of course that sounds a lot like what Uber is
             | doing. Which then goes back to, are these drivers
             | independent, or are they working for that dispatch service?
             | 
             | To make it truly independent, they would need to have more
             | than one dispatch service that they could work at the same
             | time (say both Uber and Lyft). And have a protocol so that
             | dispatches from both services don't step on each other.
             | Plus the ability for a customer to flag them down at
             | random. Now they really are a self-employed contractor
             | using these services as customer discovery / dispatch
             | services.
        
           | timwaagh wrote:
           | Not in the Netherlands anymore according to this judgement.
           | You won't have that choice anymore unless there are some very
           | specific circumstances (an interior decorator working for
           | clients would not be in an inferior position to some kind of
           | organisation, for instance).
        
           | isbvhodnvemrwvn wrote:
           | The reason for this is that you can be compelled by your
           | totally-not-employer to pretend to want to be a freelancer.
           | 
           | That's why different countries have various guidelines, e.g.
           | if you economically depend on 1 contrahent (you fill in one
           | invoice a month to the same one company), you are not self-
           | employed, if you can't organize your own work however you
           | like you are not self-employed, and so on.
           | 
           | So in general if you are driving for one company and 75%
           | revenue comes from them, you are really not a freelancer.
           | 
           | This was and to a degree still is a big problem in e.g.
           | Poland, where if you are unskilled you can be compelled to
           | accept so called "trash contracts" which deny you any
           | employee rights, but you are cheaper to the employer who
           | exploits you.
           | 
           | It might be foreign to Americans who in general have
           | extremely poor worker protection laws (even worse than the
           | trash contracts I mentioned), but in many other countries it
           | doesn't really work like that.
        
             | devcpp wrote:
             | I know some software consultants that have one major client
             | but appreciate the work mobility and forcing them to get
             | into a full employment contract would restrict their
             | opportunities and payment. Forget definitions, why should
             | we outlaw this?
        
               | vidarh wrote:
               | Most places they don't prevent what you describe. There
               | are usually just some extra hoops to jump through and/or
               | some tax implications.
               | 
               | E.g. I'm in the UK. I've been a contractor with multiple
               | contracts as well as with a single employer both in
               | situations where they are obviously acting as an
               | employer, and in situations where they were genuinely
               | not.
               | 
               | Here there's specific legislation to handle this now -
               | "IR35", which ensures that if your contract is equivalent
               | to employment you'll be taxed accordingly, with an
               | "umbrella company" acting as an employer on behalf of the
               | company that you're contracting with if that is the case
               | to prevent there from being a tax advantage from
               | pretending to be freelance if you're in effect an
               | employee. It doesn't stop you from doing it - it just
               | takes away the tax advantage and creates some
               | bureaucratic hurdles.
               | 
               | But it's easy to avoid as long as you're not trying to
               | avoid taxes, by setting terms that ensures it doesn't
               | match the criteria. Employers are often keen to do this,
               | and it gives you extra negotiating power.
               | 
               | E.g. when I was doing this, key points involved the fact
               | I had a small marketing budget to bring in additional
               | work, I didn't usually work out of their office, I
               | controlled my own hours, I determined how to carry out
               | the work, I negotiated my day rate, the contract had a
               | defined end-date (we could renew, but there are pitfalls
               | there), and so on. Another strong sign you're genuinely
               | not an employee is a right to substitution (e.g. if _you_
               | can provide someone else to do the work, when you 're not
               | available and that right is genuine). UK tax authorities
               | (HMRC) has a checklist as to what they consider "deemed
               | employment" and or that falls under IR35 (it's not an
               | absolute set of criteria, but basically the more you look
               | like a business, the more likely you are to be considered
               | one).
               | 
               | So for high earners like software consultants with an
               | actual reasonable power balance vs. the other side, this
               | is rarely a problem. It cost me a tiny proportion of my
               | revenues to make sure that I met more than enough
               | criteria to be able to do as I pleased.
               | 
               | But most of the people these regulations are there for
               | are in a substantially weaker position. If you're a low
               | enough earner to not be in a position to work around
               | this, then you're not likely to have the power to
               | genuinely negotiate either.
        
               | jonp888 wrote:
               | For exactly the reason, the parent post said, it makes
               | all worker protection and benefits laws meaningless, and
               | most people think these laws are a good thing.
               | 
               | If this was possible then every company would say:
               | 
               | "We don't want to have to bother to pay your vacation
               | days, sick leave(for as long as you are sick),
               | maternity/paternity leave(up to 12 months in most
               | European countries), or to have to give you a permanent
               | contract with limited termination grounds, so 'choose' to
               | become Freelancer that works 40 hours a week for us or we
               | will fire you".
               | 
               | It's true there are some people who like to work as you
               | describe, I know some myself, but experienced software
               | developers are a outlier case who are in an extremely
               | fortunate position, not something the law should be
               | optimised for at the expense of the majority.
        
               | lotsofpulp wrote:
               | All those things should actually be under the purview of
               | the government, rather than businesses.
               | 
               | But that would increase government expenses because many
               | more people would become eligible for the benefits. Using
               | businesses as a proxy lets society implicitly restrict
               | the quantity and quality of those benefits to certain
               | people.
        
               | ClumsyPilot wrote:
               | "All those things should actually be under the purview of
               | the government, rather than businesses."
               | 
               | How does this make sence - are we meant to move you on
               | government payroll for the 1 week you have the flu and
               | can't work? Should the government pay for your annual
               | leave?
        
               | lotsofpulp wrote:
               | Sort of, although the most efficient and effective
               | implementation in my opinion would basically result in a
               | universal basic income.
        
               | kazen44 wrote:
               | >All those things should actually be under the purview of
               | the government, rather than businesses.
               | 
               | you know the reason these things are payed for by
               | bussiness right?
               | 
               | most social welfare programs are created after world war
               | 2, because the alternative was the workers simply seizing
               | the wealth of their former bosses by force.
               | 
               | OP seems to greatly understimate how close most countries
               | in europe came to a mass revolt of civil war after world
               | war 1 and world war 2. (1848 revolutions are also an
               | important time in history for civil rights).
               | 
               | the dutch for instance, have a constitution thanks to the
               | threat of revolution in 1848. The alternative was the
               | threat of revolution and the violent end of the monarchy.
               | 
               | The same is basically true for labour rights. In most
               | european countries these got implemented after world war
               | 1 and during the great depression, a time in which a lot
               | of people got destitute and had acces to weaponry.(World
               | war 1 also left a massive social trauma in many nations,
               | leading to revolutions because of its effects on
               | society).
        
               | BBC-vs-neolibs wrote:
               | We shouldn't, and no one is.
        
               | pyrale wrote:
               | Who is "we" in this situation? For this specific case, it
               | seems different countries have different opinions about
               | what is the right tradeoff between allowing freelancers
               | with leverage to enjoy their situation, and protecting
               | workers with less bargaining power from being locked out
               | of worker protection systems.
               | 
               | It's unavoidable, since different countries have
               | different worker protection systems. For instance, some
               | of these countries have to pick up the tab when employers
               | cheat their way out of paying their dues.
        
           | jacquesm wrote:
           | You can be a freelancer just fine, nothing stops you from
           | doing that. But not within the Uber framework because you
           | _aren '_ a freelancer within that framework. So this is
           | pretty specific: the Uber framework does not check enough of
           | the boxes that would allow their pseudo employees to claim
           | they are freelancers, which effectively makes it just another
           | tax dodge, which it always was.
        
             | devcpp wrote:
             | Then fix the tax loopholes by making it about sales or
             | revenue rather than employment.
        
               | jacquesm wrote:
               | No. The 'tax loopholes' are simply shifting the
               | responsibility of paying those taxes from the employer to
               | the employee, which when the company is doing well and
               | the relationship is otherwise balanced is a net neutral.
               | But once the larger picture is taken into account things
               | like health benefits, continuing to be paid when
               | temporarily unemployed (which for a gig worker is several
               | times per hour) and so on become externalized to society
               | when really they should be the problem of the employer.
               | 
               | The current situation allows Uber to play its employees
               | against the state (as they're very transparently trying
               | to do in the referenced article with their remark that
               | their employees (because that what they are) would prefer
               | to be self employed, which is nonsense only when compared
               | with the situation where Uber would not employ them at
               | all. The vast bulk of the employees really would like
               | steady employment.
               | 
               | So the tax dodge should stop but not through fixing the
               | tax loophoes, but simply by recognizing that which is
               | already the fact on the ground: that these people are
               | employees in all but name. Note that this is Europe where
               | - to many American companies' surprise and detriment - it
               | is not only the letter of the law that matters but also
               | the intent of the law, in this case the intent of labor
               | law here is to ensure our social contract continues to
               | function. Hacking your way around that like you can do in
               | the United States - where it is the letter of the law
               | that matters far more than the intent - is going to be
               | met with significant pushback from the courts.
        
             | unyttigfjelltol wrote:
             | Taxi businesses in the U.S. played this cat-and-mouse game
             | for a long time, and generally 'won' the right to offload
             | liabilities to drivers without much pay. Why anyone thought
             | or thinks Uber is 'different' is hard to understand.
        
               | InitialLastName wrote:
               | Was that also the case for taxi businesses in European
               | countries with functional social states? Because, this
               | being a legal ruling in Europe, US precedent doesn't
               | really matter.
        
               | jacquesm wrote:
               | It's the US that is different not Uber, they are treated
               | just like every other company here would be treated.
        
         | throwaway212135 wrote:
         | They need to go after DesignLab as well. They treat their
         | American workers like shit and will give preferential treatment
         | to foreign workers.
         | 
         | It is time for Designlab mentors to unionize.
        
         | whiddershins wrote:
         | Ugh, the unique selling point of working Uber is the
         | flexibility and autonomy. Every driver I talk to says that's
         | what they love about working it.
         | 
         | What is it in us that can't let people have what they value,
         | just because it is different than what we value?
        
           | ulucs wrote:
           | What does that have to do with employment status? Does the
           | Dutch Commercial Law state that the employees should only
           | work on firm-appointed hours? The hours worked are already
           | logged, the only new responsibilities fall on Uber except for
           | filling a few documents for employment.
        
           | [deleted]
        
           | Broken_Hippo wrote:
           | They can still offer flexibility. No one was really, really
           | autonomous, autonomous, though.
           | 
           | Are the drivers you talk to actually friends of yours? Are
           | they driving to make a living? Are they stuck driving due to
           | poor child care choices? Are they on the clock and hesitant
           | to dismiss the company they work for?
           | 
           | Have you asked them if they'd rather the company process the
           | taxes? Do they have difficulty doing so? Have any of them
           | found themselves in a hole because of the 'contractor'
           | system?
           | 
           | I'll add that this isn't like a normal contract job: Uber
           | needs drivers. Without drivers, they wouldn't have a
           | business. And they need them constantly - not in the way that
           | a firm needs temporary help to upgrade things.
        
         | MomoXenosaga wrote:
         | Double edged sword. Dutch people use Uber because it's cheap.
         | If that stops being true it's back to bicycles and buses.
        
         | pbreit wrote:
         | I'd say "wrongly so". The right answer is somewhere in the
         | middle, leaning to "contractor". Drivers literally never have
         | to even show up. The flexibility offered by contractor status
         | is the #1 benefit to drivers.
        
         | stef25 wrote:
         | Especially in the EU the gig economy is relatively new and its
         | not at all like factory workers who're getting shafted more and
         | more as the years go by.
         | 
         | Being an Uber driver is a new thing which people started doing
         | voluntarily knowing full well what the conditions were. For
         | people then to start complaining "this is a abuse" and OMG no
         | social security just seems ... weird.
         | 
         | Here in Belgium you now need to have a taxi license and
         | everything good about Uber is now gone (it's more expensive,
         | the drivers are all moody a-holes and they've gone back to
         | doing detours for no reason just to jack up the price).
        
       | nemo44x wrote:
       | > _FNV called the ruling a major victory for drivers ' rights._
       | 
       | No, it's a major victory for the administrative arm of the FNV
       | trade union. Look beyond the formal argument here (workers
       | rights) and look at what this actually is about - power. The FNV
       | wants to get their cut so they can collect more dues paying
       | members and further enrich the admins. The workers here will
       | probably not benefit at all.
        
       | pelorat wrote:
       | Wait, I live in the Netherlands and I wasn't even aware that Uber
       | was around. Didn't they get banned years ago, with only Uber
       | Black being allowed?
        
         | rocgf wrote:
         | There is Uber around, 100%. I use it from time to time.
         | 
         | I think it's always a regular taxi that shows up, though.
        
         | AndyMcConachie wrote:
         | You're forgiven. I also live in the NL and I almost never see
         | them. The last time I saw an Uber was two years ago when a
         | friend came from the USA and wanted to use their app to call a
         | Uber.
         | 
         | But then again I never take taxis either. For me it's either
         | walk, bike or OV. It might be like that for you as well, which
         | is why you forgot they exist.
        
           | thow-58d4e8b wrote:
           | Same in Finland, Baltics or central/eastern Europe. Almost
           | everything is within walkable/bike-able distance. Public
           | transportation has good coverage, is affordable and safe.
           | Taking taxis is just not something people normally do. From
           | here, Uber feels like a quintessentially American solution
           | for a quintessentially American problem.
           | 
           | Real world example - taking Uber to my workplace would cost
           | me one-two hours of net pay, and I'm in the top 5% earners.
           | Another one-two hours of net pay to go back home.
           | 
           | For comparison - public transportation costs 3EUR/day
           | regardless of usage, and only takes about 15% longer to get
           | there.
        
             | wwtrv wrote:
             | '..Baltics' maybe in Estonia.. in Lithuania Uber (or rather
             | companies that are competing with it) is quite popular and
             | that prices were very low (due to competition between
             | different apps) until quite recently (mass transit is not
             | that great here, though). AFAIK while not used by most
             | people, it is also quite popular in Ukraine. Due huge
             | income inequality the prices are very low but there is
             | still a substantial section of the population which can
             | afford it.
        
           | pelorat wrote:
           | Indeed. I don't own or travel by car. I just remember reading
           | that the "Uber Pop" app was not allowed, but Uber Black(?)
           | was, but it was more expensive and had licensed drivers. That
           | was many years ago.
        
         | mrsuprawsm wrote:
         | Whenever I order an Uber in NL, I seem to get a car that is a
         | licensed taxi.
         | 
         | Usually they have a taxi sign on top of the car, and always
         | have blue license plates (which you can only get if you are a
         | taxi).
         | 
         | So, I think that the workaround must have been that they
         | actually employ licensed taxi drivers. This is, however, only
         | speculation.
        
           | bingohbangoh wrote:
           | Perhaps Uber's solution will be to employ a company that
           | employs drivers and let that company be saddled with all the
           | awful paperwork involved.
           | 
           | Methinks the flexibility of dealing with temporary workers is
           | more pertinent than the added cost. Pure speculation of
           | course.
        
           | alkonaut wrote:
           | This is 100% the case in Sweden. Since Uber is a ride
           | service/taxi they are just like any other taxi company, of
           | which there are hundreds (Taxi has one simple definition and
           | it's to offer rides to the public for money). Since there are
           | no artifical caps on number of taxis such as medallions, all
           | that's required to run a taxi is to have a special drivers'
           | license and a certified vehicle.
           | 
           | So all Uber drivers are taxi drivers and all Uber vehicles
           | are taxi vehicles. Simple.
           | 
           | If Uber tried to somehow do taxi services without their
           | drivers having taxi drivers licenses or their cars being
           | registred taxi cars, they'd be laughed at.
           | 
           | Everything is really really simple once there is no taxi
           | monopoly or medallion system.
        
             | Ekaros wrote:
             | For Finland it is same. But it seems removing controls of
             | licenses and pricing lead to worse service availability and
             | higher prices... Who would have thought that operating taxi
             | in country like Finland is pretty expensive...
        
       | thejackgoode wrote:
       | Is "undisrupt" a word already?
        
         | grenoire wrote:
         | It's called 'regulate.'
        
           | cblconfederate wrote:
           | but they disrupted the regulations in the first place
           | 
           | Oh i see, we ll soon have a wave of startups who are
           | disruptors-of-the-regulated-disruptors-of-the-regulations
        
         | throw_m239339 wrote:
         | "disruption" is basically newspeak for startups when they are
         | weighting the ability and capacity of an administration or
         | government to sue that startup for violating laws. It's legal
         | arbitrage.
        
       | stuaxo wrote:
       | Interesting wording of this headline, you would almost think Uber
       | were fighting for the rights of their drivers if you read it out
       | of context.
        
         | st_goliath wrote:
         | I was thinking a similar thought. As the word _for_ obviously
         | doesn 't really apply here, the word _over_ offers a nice
         | "neutral" alternative to _against_.
         | 
         | Edit: the threads got merged now. At the time that I commented,
         | the title was "Uber Loses Battle Over Drivers' Rights in the
         | Netherlands" and the link was going to Bloomberg.
        
         | dahfizz wrote:
         | The headline I see is " Uber must employ its drivers, Dutch
         | court rules".
         | 
         | I don't see how you can read that any other way than the Dutch
         | court is forcing Uber to employ its drivers.
        
           | fallingfrog wrote:
           | This comment was moved from a dupe that was worded
           | differently
        
         | dncornholio wrote:
         | Ubers whole statement is letting us think they do it for the
         | drivers.. It's terribly obscene
        
         | sdze wrote:
         | but then again people remember how us-american gig-companies
         | operate...
        
       | spywaregorilla wrote:
       | Obligatory reminder that this isn't saying rideshare drivers must
       | be employees. It is saying the specifics of uber, how it controls
       | its drivers, and how it runs its business is an employment model
       | per their laws. You could almost certainly build a new rideshare
       | business that is not employment based.
        
       | akrymski wrote:
       | What next? Upwork must employ it's workers? Where is the line
       | drawn?
       | 
       | What if Uber didn't handle the money and riders paid cash?
       | 
       | The result is simply consumers paying the difference for more
       | expensive taxi services.
       | 
       | Forcing this labour market underground trading in crypto or cash.
       | Congratulations.
        
       | gargs wrote:
       | "Drivers don't want to give up their freedom to choose if, when
       | and where to work."
       | 
       | Drivers might have the freedom to turn off their phones and
       | choose not to work, but they don't have the freedom to choose
       | which routes/destinations. Seems to me that their argument is
       | one-sided and deceptive.
        
         | brnt wrote:
         | If you don't have that freedom, you're an employee, which is
         | what this conflict is about. Because if they're an employee,
         | their employer must pay social insurance. The self-employed are
         | exempted from this insurance (although highly encouraged,
         | because, not surprisingly, the vast majority of self-employed
         | people don't become lucky billionaires). Uber wanted to have it
         | both ways, and, not surprisingly, it can't. Self-employed
         | people do whatever they like, including choosing the rides they
         | drive for Uber.
        
           | chii wrote:
           | but from what i recall, an uber driver do have the choice to
           | accept or reject a ride.
           | 
           | There's a penalty for rejecting too many rides - but i think
           | that's a fair outcome.
           | 
           | Ideally, uber also allows a driver to set the price, and
           | allow a customer to see price comparisons between all offered
           | drivers (and wait times etc), to truly make it a competitive
           | market place.
        
             | lozenge wrote:
             | Ideally for who?
             | 
             | According to this article drivers weren't given information
             | on fare or destination when they were offered fares, until
             | legally required in California.
             | https://www.google.com/amp/s/www.wired.com/story/uber-
             | change...
             | 
             | They won't be letting drivers set fares until legally
             | obligated. They are a taxi service that cosplays as a "ride
             | sharing" "marketplace" in the legal system.
             | 
             | Uber is all about keeping maximum control of the driver
             | while denying them the rights of employees (or in the UK,
             | "worker" status, which is a halfway house between employee
             | and self employed)
        
             | dagw wrote:
             | According to the article: "a driver may only refuse a few
             | trips before being logged out by the system", that plus the
             | fact that they can't set their own fares and Uber can
             | retroactively lower drivers fares, was the main reason Uber
             | lost the case.
             | 
             | If Uber let drivers reject as many rides as they wanted and
             | allowed drivers to set their own fares and negotiate
             | directly with their clients, then they may very well have
             | won the case. But then they would also be a very different
             | company.
        
         | Jxl180 wrote:
         | If I hire a contractor to renovate my home to my exact
         | specifications, by your logic they are my employee because they
         | couldn't choose the "route" or "destination?"
        
           | Ekaros wrote:
           | If you were to hire contractor from company that was set-up
           | to outsource your work to one of it many sub-contractors
           | which only worked for them and had no deciding power how to
           | do it and for what price, yes they would be employees.
        
           | mqus wrote:
           | They do get to set the prices (the part gp forgot to
           | mention).
        
             | killtimeatwork wrote:
             | Employees also set their own prices? "For me to accept a
             | job offer, you have to pay me at least $150k" - that's
             | setting your own price.
        
           | gjulianm wrote:
           | They can choose to not work with you and instead work with
           | another client that has specifications that fit better with
           | their work.
        
             | Jxl180 wrote:
             | So do drivers for grubhub/doordash/uber eats. They see the
             | final payout and have the choice to skip the order if it
             | doesn't pay well enough.
        
               | gjulianm wrote:
               | Except for the part that the companies will punish them
               | for rejecting orders, and that they can't negotiate the
               | price of the orders nor set any price themselves.
        
               | campl3r wrote:
               | Are you saying if I hire a contractor with a price set by
               | me and I would "punish" (i.e. never hire them again) when
               | they don't agree, they are suddenly my employee?
        
               | Ekaros wrote:
               | When you are hiring contractor you offer a price the
               | contractor can come back and say I can do it for this
               | higher price. Clearly not employee. On other hand the gig
               | workers can't lets say offer to bring your food for
               | 1000EUR this one time. They should be able if they are
               | independent.
        
               | Jxl180 wrote:
               | 1. Doordash does not penalize for skipping orders. They
               | give the total payout first to allow people to skip
               | orders in the first place. It's a feature. 2. Because you
               | see the price before accepting an order, you are
               | effectively negotiating the orders you want to take based
               | on price. You can sit in your car all day declining
               | orders until you see a price you agree with.
        
         | YetAnotherNick wrote:
         | They could reject based on the drop/pickup location at least in
         | my area.
        
           | gargs wrote:
           | Only if they're rated high enough. This is not available to
           | every driver.
           | 
           | https://www.reddit.com/r/uber/comments/lzl3xp/why_doesnt_ube.
           | ..
        
       | kwonkicker wrote:
       | I am torn on this issue, maybe I don't see the whole picture.
       | Uber was never meant to be a taxi company. It was a means for
       | people with cars to share their gas expenses. I don't know how
       | could they ever prevent this gig from becoming a full-time job
       | for most drivers, but I think forcing employment is not a
       | solution.
        
         | Ekaros wrote:
         | Was Uber ever actually ridesharing platform that is way to find
         | someone going from near location to an other location for
         | singular shared trip?
        
         | villasv wrote:
         | > I don't know how could they ever prevent this gig from
         | becoming a full-time job for most drivers
         | 
         | Pricing (and marketing, and UX, and features) that
         | transparently informs that offering rides it is not long-term
         | profitable, it only makes sense as cost savings for inevitable
         | drives, similar to BlaBlaCar or Waze Carpool.
         | 
         | But this would have hampered their growth, so they didn't.
         | Ride-sharing (fake proposition) isn't really that big of a
         | market as urban mobility in general (target proposition)
        
       | sktrdie wrote:
       | Bit out of context but I just came back from US (living in
       | Netherlands). Holy flipping hell that place is full of cars.
       | Literally everywhere. I mean I understand using a car upstate New
       | York where things are further apart and everyone has a huge
       | isolated villa. But do you really need 4 lane roads in freaking
       | manhattan?
       | 
       | Seems like regulating "car stuff" in general is always a good
       | thing if you ask me.
        
         | airza wrote:
         | There is a great youtube channel called "Not just bikes" which
         | talks about urban planning in the netherlands and how it
         | results in much more livable cities than the US.
        
           | scrollaway wrote:
           | My god, you weren't kidding! I've been watching his videos
           | since seeing your comment. His intro video immediately
           | signals the fantastic quality of the channel. So far the guy
           | did get me excited about sidewalks.
           | 
           | https://youtu.be/9OfBpQgLXUc
        
           | paul_f wrote:
           | Keep in mind, the Netherlands is the flattest country on
           | Earth. If livable == mostly bicycles, it might be a somewhat
           | unique situation. I am from Atlanta, GA, which is literally
           | built on top of the Eastern Continental divide. There are no
           | flat spots.
        
             | Broken_Hippo wrote:
             | I'm in Trondheim, Norway. There are few flat spots. It is
             | livable - livable doesn't mean mostly bicycles.
             | 
             | I walk most places: There are walking paths and crosswalks
             | lots of places. I have nearby grocery stores in a short
             | walking distance (10 minutes or less). Lots of folks ride
             | bikes, and an amount of those folks put on studded tires in
             | the winter. I simply do not as it is literally an uphill
             | battle and I didn't grow up in a mountainous region. I can
             | rent a manual bicycle or an electric scooter and be safe
             | while riding.
             | 
             | I can take public transport both across town and out of
             | town. I have choices: There is a small tram line for some
             | parts of town. Busses go both in town and between towns. I
             | can take a train through much of Norway (from up north to
             | Oslo) or over to Sweden if I want. Taxis exist, too, and
             | they are clean. (Illegal taxis are here too, but I've never
             | used them).
             | 
             | And sure, there are cars and they are convenient - and like
             | the US, you probably need one if you live in the
             | countryside. But I can get by just fine without a license,
             | too.
        
           | tonyedgecombe wrote:
           | This map of cyle paths in Europe tells you everything:
           | 
           | https://imgur.com/Fkye6Nt
        
             | gpvos wrote:
             | That's not really about cities, more about cycle paths
             | between them. But there's a relation of course.
        
           | xvector wrote:
           | Seconded, amazing channel that describes why American cities
           | are a disaster.
           | 
           | I've lived in a walkable area and QoL goes up immensely. No
           | amount of money or luxury in an American suburb will compare.
           | There is _nothing_ like the sheer convenience of being able
           | to get your groceries in a 3 minute walk.
        
             | Robelius wrote:
             | Adding "City Beautiful" to the list of channels if you
             | enjoy "Not Just Bikes"! It talks more generally about city
             | planning/urban design, but satisfies the same itch of
             | content.
        
         | fallingfrog wrote:
         | I visited the Netherlands a couple years ago and the
         | convenience and practicality of the public transportation was
         | eye opening. I sure wish we had something like that in the US!
         | But it would cost money, money paid by taxes, which means that
         | rich people would have to pay more than they benefit, so
         | politically it's impossible. In America we try to push all
         | social costs to the individual, which in practice means the
         | middle class and the poor. Therefore because the public
         | transportation is so bad, only people who can't afford cars use
         | it, which means you have lots of homeless people using the bus
         | as a dry place to take a nap, and so forth. It's usually dirty
         | and the bus is always late. So it has a really bad reputation.
        
         | chrisseaton wrote:
         | I can't understand who would _want_ to drive in Manhattan. Like
         | where are they coming from and where are they going? Where do
         | they intend to park when they get there? It wouldn 't occur to
         | me in a million years to attempt to drive into a metropolis
         | like that. I see normal private cars driving through New York
         | and London and can't imagine who is in them and what they're
         | attempting to do that means their best route is _through a
         | city_.
        
           | brnt wrote:
           | Isn't the car proven to be the slowest form of transport in
           | Manhattan anyways? Or at least, not faster than the metro,
           | and not (significantly) faster than a bike? I recall a
           | similar study about London putting the average velocity of a
           | car solidly on-par with the average cycle velocity.
        
             | chrisseaton wrote:
             | Where is everyone parking? Like you can't just pull up
             | outside a shop on Regent's Street, park your car, pop in to
             | grab something, and then come out again. So who are all
             | these people driving up and down it?
             | 
             | I can't imagine the logic of thinking 'I need to go into
             | central London to do something today... I know I'll drive'.
             | Not even just from an environmental standpoint - even
             | without that the stress of navigating London and parking
             | and then leaving your car in such a busy place.
        
               | dagw wrote:
               | _I need to go into central London to do something
               | today... I know I 'll drive_
               | 
               | A few years ago I arrived in London at Paddington station
               | and was late for meeting on the other side of the city.
               | I'd been told that taking the Tube could take up to 30
               | minutes (including changes), so I decided to grab a Taxi.
               | I arrived at my meeting 40 minutes later.
        
             | h1srf wrote:
             | It depends on where you're going to/from and at what time.
             | During rush hour, yeah the subway is faster than taking a
             | cab for my pre-Covid 35 or so block commute. There are some
             | routes that require a bus transfer or a lot of walking that
             | may be faster by car even in rush hour traffic. For example
             | going from East Harlem to Chelsea where you're either
             | transferring a few times or walking quite a bit.
        
           | volkl48 wrote:
           | I'm from New Jersey originally and have lot of family out on
           | Long Island. Driving into or through Manhattan is very
           | frequently (although not necessarily at rush hour) the most
           | sensible choice, from both a time and cost perspective.
           | 
           | ---------------
           | 
           | High commuter rail costs - If you have 2+ people in the car,
           | it's likely equal cost at worst to drive if your origin point
           | is beyond the reach of the subway. This is especially true if
           | you wish to go across the metro and therefore get to pay per-
           | person fares on more than one commuter rail system. Going
           | from 15mi West of Manhattan (NJ burbs) to 15mi East of
           | Manhattan (Nassau County), will run you about $50 per person
           | round-trip. It's not hard to see why no one would take
           | commuter rail with their family of 4 for that trip even if
           | they live next to a CR station and their family on the other
           | side does as well, $200 is a lot of money.
           | 
           | Parking - There's tons of (typically underground) garages in
           | NYC and particularly Manhattan. While you may get gouged if
           | you just randomly turn in to the first garage you see and pay
           | the walkup rate, some minor research on rates can easily get
           | you somewhere to park for $20-35 for a full day in Manhattan.
           | 2 seconds on Spothero and I could park right next to Penn
           | Station 9am-9pm today for ~$22, and that's not a rare
           | exception. This was the case before those services as well,
           | it just required more knowledge of where to look for deals.
           | 
           | Scheduling - Off-peak/late-night frequencies are limited and
           | service is often much slower. PATH (a subway with limited
           | reach) to NJ runs 24/7, but late night you're looking at
           | 40min between trains and the trip time often gains 5-10min as
           | well between maintenance and a less direct routing. And if
           | you don't live next to it's limited reach, you're still
           | driving after that. On the actual commuter rail last trip is
           | typically ~1AM and the last few trains of the night have
           | 1-1.5hrs between trains on many lines. I could be back home
           | by car before I even get on the train in Penn Station if I'm
           | particularly unlucky on timing for when the concert I'm
           | seeing ends.
           | 
           | Infrastructure - There's 4 roads to get across the Hudson
           | from NJ in the region, and 2 of them go into Manhattan. Not
           | hard for an accident or minor disruption to make going
           | through Manhattan the only way you're getting across to go to
           | the other side in a sane period of time. The limitations of
           | NYC's "ring" roads also mean you can't necessarily easily
           | just go the longer way around the opposite side of the metro.
           | 
           | There's plenty of areas even within NYC that are poorly
           | served by transit services, to say nothing of the suburbs.
           | When the trip takes 4 transfers to get there, it's a lot less
           | appealing to take and a lot more at risk of issues, even if
           | it should work in theory.
           | 
           | -----------------
           | 
           | I am not suggesting cars are the ideal mode of travel, and
           | I'd like to see further investment in broadening both the
           | reach and service levels of transit services, as well as re-
           | examining fare pricing, but with the current
           | systems/infrastructure being what they are.....yes, there are
           | lots of trips where the sensible choice is to drive.
        
           | sbilstein wrote:
           | I dunno, I liked living in Manhattan and driving into nature
           | every other weekend with my dog and wife. Turns out Zipcar is
           | pretty shit overall if you actually like going to places.
        
           | FartyMcFarter wrote:
           | > I can't understand who would want to drive in Manhattan.
           | 
           | I think the idea is that people will drive if their tolerance
           | level for slowness is satisfied. So the amount of traffic
           | will always be high enough to look acceptable for some
           | people, unacceptable for others.
           | 
           | As for parking, in London there are definitely parking lots
           | scattered around the city - can't speak for New York though.
           | 
           | > Like where are they coming from and where are they going?
           | 
           | Probably going between their homes and family / friends /
           | shops / entertainment venues / restaurants.
        
             | chrisseaton wrote:
             | > Probably going between their homes and family / friends /
             | shops / entertainment venues / restaurants.
             | 
             | But in cities these places don't have parking outside. So
             | where are they parking?
        
               | volkl48 wrote:
               | There's in excess of 100,000 public off-street parking
               | spaces in Manhattan below 60th St (as of 2009 - Manhattan
               | Core Parking Study). Plus street parking.
        
               | chrisseaton wrote:
               | > There's in excess of 100,000 public off-street parking
               | spaces in Manhattan
               | 
               | Ah I had no idea and would never have guessed that -
               | thanks.
        
               | FartyMcFarter wrote:
               | > But in cities these places don't have parking outside.
               | 
               | You won't always be able to park right outside your
               | destination, but between street parking and garages
               | there's definitely parking in many places.
        
           | phicoh wrote:
           | It would be interesting to have statistics on the number of
           | cars driving through a city center compared to the number of
           | people living and working there.
           | 
           | My guess is that even if people living there use a car once a
           | year, you end up with a huge number of cars every day.
        
         | jokoon wrote:
         | I'm french, I really don't know how the US are going to get out
         | of cars, it's going to be incredibly hard or impossible.
         | 
         | Mandatory ride sharing by taxing gas, or heavily subsidizing
         | public transport?
         | 
         | Uber would have an unique opportunity to group rides for small
         | busses.
        
         | refurb wrote:
         | I love the US car culture. I've lived in places where car
         | ownership is more restricted and I feel well...poor.
        
         | maccolgan wrote:
         | You absolutely do need 4 lane roads in Manhattan.
        
           | qntty wrote:
           | Really you don't even really need cars in Manhattan, except
           | for delivery trucks and other exceptional cases. They should
           | ban them.
        
       | elgfare wrote:
       | Uber says the majority of drivers don't want this, which I'd call
       | bs on, but has anyone heard from actual drivers what they want?
        
         | kfk wrote:
         | I think Uber might be right here. EU labor laws protect a few
         | but over a certain salary they are not very appealing. In Italy
         | paying a net salary of 2,000 euros will cost the company 6000+.
         | Things included like pension are not worth their cost, a
         | private pension is better and cheaper, same for health
         | services. It's unfortunate but it's true.
        
           | brnt wrote:
           | I've never heard anyone here in the EU argue this. Including
           | people over a certain salary. It is, after all, in the
           | interest of the wealthy too that everyone is OK and doesn't
           | need to live in the streets and cause crime, necessitating
           | guns and whatnot as they do in the US.
           | 
           | Paying your tax and premiums is way cheaper and much more
           | pleasant.
        
             | GekkePrutser wrote:
             | Yes this.. We don't want ultracapitalism here. I make more
             | than average but I'm totally fine with paying taxes. The
             | safety net is there for me too. Capitalism is good but
             | there must be a balance.
             | 
             | To an American it may sound communist (though technically
             | it's more socialist) but it's our country, we can choose
             | the system we want. And we've done an OK job IMO (In fact I
             | wish things were a bit more socialist - this abuse of the
             | ZZP concept has been going on for far too long).
        
               | pault wrote:
               | Decades of cold war propaganda have confused the issue in
               | the US. When you say socialism, they think you are
               | talking about USSR-style authoritarian communism. It's
               | asurd and exasperating, but it won't go away until the
               | boomer generati on loses political influence. It's also
               | highly partisan, and in today's atmosphere of cultural
               | warfare, that makes it a non-starter. Half the country
               | won't wear a mask because Donald Trump wanted to deny the
               | pandemic during his reelection campaign. What hope is
               | there for something as radical as changing the entire
               | foundation of society?
        
           | Loic wrote:
           | For the company it costs more money, but for the employee,
           | you are way better being employed than contractor.
           | 
           | This is not a surprise, this extra money is effectively
           | bringing the employee health insurance, pension, invalidity
           | pension, unemployment benefit, maximum number of hours to
           | work per week, paid vacations, etc.
           | 
           | If you need to pay it out of your pocket, it turns out to be
           | the same.
           | 
           | In the "old" Europe, the net salary is basically 50% of the
           | cost for the company, sometimes a bit more, sometimes less
           | depending of marital status, country, etc. But this is a good
           | rule of thumb.
        
             | bserge wrote:
             | I can see the future: "New EU law: for every multipurpose
             | robot in operation, the company must employ one human" :D
        
               | consumer451 wrote:
               | Well, maybe something more along the lines of a
               | contribution towards UBI, or similar. This is a concept I
               | first heard come out of the US, from Musk maybe?
        
               | watt wrote:
               | From the strikes of train driver's unions in Germany, I
               | think that's where it is headed. "You can automate trains
               | if you like, but the whole current workforce still must
               | stay employed."
        
             | laurent92 wrote:
             | > this extra money is effectively bringing the employee
             | health insurance, pension, invalidity pension, unemployment
             | benefit,
             | 
             | Yes, but about half that money gets "lost on the way". You
             | don't contribute for yourself. You contribute for "others",
             | but "others" is defined with very specific conditions so
             | you can never be part of them. It's a way to take money
             | from the people who sweat and eventually die at their
             | workplace and give it to people who are preferred by (place
             | the government of the moment here).
             | 
             | Redistribution in Europe is a racial program.
             | 
             | PS: I had a friend who went paraplegic and he was surprised
             | that, after a life of donating 63% of his revenue to social
             | contributions, his disability indemnity was...
             | 
             | 923EUR.
             | 
             | Per month.
             | 
             | Including the part with which he's supposed to use to buy a
             | disabled-compatible kitchen and the part that he's supposed
             | to use to hire domestic help. 923EUR!!! He's paid the state
             | >2500EUR per month for 15 years!!! He's basically in
             | poverty now.
             | 
             | The rest of the social contributions goes to muslims.
        
               | dang wrote:
               | Please don't take HN threads into political or
               | ideological flamewar, and especially not religious or
               | race flamewar. It's not what this site is for, and it
               | destroys what it is for.
               | 
               | https://news.ycombinator.com/newsguidelines.html
               | 
               | Edit: when an account crosses into using HN primarily for
               | ideological battle, that's when we ban it - regardless of
               | which ideology it's battling for or against. So please
               | don't do that. Again: it's not what this site is for, and
               | it destroys what it is for.
               | 
               | https://hn.algolia.com/?sort=byDate&dateRange=all&type=co
               | mme...
        
           | yawaworht1978 wrote:
           | I have paid the ridiculous charge from Rome's airport to the
           | city, it's interesting how many measures airports like Rome,
           | Madrid, Barcelona have to take to keep Uber out as good as
           | possible. I still agree with the Dutch court. First, EU has a
           | goal to somewhat harmonize some laws and taxes. Europe should
           | not simply allow any company to come along and undermine
           | everything. If Europe let's this happen, the consequence is
           | very simple, in case the drivers don't make ends meet, they
           | will claim it from social services, making me the guy who
           | pays for that. So taxpayers are subsidiaries to uebers
           | shenanigans, no thanks. I support the European tax system and
           | social policies, but I am not gonna pay the SV salaries for
           | some "wise guys", I prefer the taxes invested in
           | infrastructure, health care, the useful things, including
           | pensions.if I would prefer the US model, I would go and live
           | there.
        
             | crote wrote:
             | A bit off-topic, but why would you take a taxi for that
             | trip? A train to the city leaves evert 15 minutes and costs
             | you only EUR14. By car it's a 30km ride!
             | 
             | This is true for basically every single European city.
             | Public transport is of such high quality that taking a taxi
             | simply doesn't make sense.
        
               | yawaworht1978 wrote:
               | Was cold after cross continent flight and just missed the
               | train by a few minutes, was also pretty late, place
               | looked abandoned, had a bit too much luggage and had no
               | idea how to get to my destination. Any other
               | circumstances, I would take the train.
        
               | maccolgan wrote:
               | Why yes let's just remove the ability of people to take a
               | market-priced car ride... Have you considered the private
               | space that a car affords? (albeit shared with the driver)
        
             | bserge wrote:
             | > claim it from social services
             | 
             | You say it like they just walk in, ask for money and get
             | it. It's really much harder, practically impossible if
             | you're not on some priority list (with kids, disability,
             | single mother, etc).
        
               | yawaworht1978 wrote:
               | I know, it takes time to claim it, and this actually
               | infuriates me even more, because all the cla procedures
               | are handled by expensive government staff, of course this
               | is due to security checks, to exclude fraudulent claims.
               | All paid for by taxpayers so Uber can burn another
               | buck(they're still never profitable are they, tells me
               | everything about the business model). The good thing is,
               | once it works, it works.
        
             | isbvhodnvemrwvn wrote:
             | It's probably worth noting that the EU has nothing to do
             | with this. These are policies of individual countries, EU
             | has very little if anything to do with taxes, pensions or
             | health care.
        
               | yawaworht1978 wrote:
               | It's true that the EU has no federal executive body,
               | however, no country can simply go and set corporate taxes
               | to 0 without an uproar. the cross border phone network is
               | unified for example. The were Cyprus and Malta selling
               | passports to the highest bidders without due diligence
               | done,kickbacks and honey traps, you name it, it happened.
               | https://euobserver.com/justice/149810
               | 
               | There is a limit on how much can and can't be done within
               | the EU, it's not a gravy train buffet. There is peer
               | pressure and potential, let's call it cascading effect.
               | Some lawmaker will hear about this and try to get it
               | passed in another country as well. I struggle to think of
               | one state which would simply accept Uber as some great
               | Enterprise idea, look at the history here https://en.m.wi
               | kipedia.org/wiki/Legality_of_ridesharing_comp... Most
               | places banned and this bit. In December 2017, the
               | European Court of Justice ruled that Uber is a transport
               | company, subject to local transport regulation in
               | European Union member states, rather than an information
               | society service as Uber had argued.[99]
               | 
               | So at best, tolerated for the time being.
               | 
               | In Europe, working without full compensation is typically
               | called illicit work(instead of side gig), not extremely
               | frowned upon, but the main job has to have proper
               | compensation. It very normal and expected to get 4 weeks
               | paid holidays or more, sick days covered, insurance in
               | most places, pension contributions etc. Uber tells you to
               | get a car, petrol, pay insurance and take jobs when
               | available, and get none of the above, who are they
               | kidding.
        
           | the_mitsuhiko wrote:
           | > In Italy paying a net salary of 2,000 euros will cost the
           | company 6000+.
           | 
           | I dispute this number. Do you have a source for this?
        
             | aeyes wrote:
             | I don't know much about Italy but should be pretty similar
             | to Germany where we generally say the employer pays double.
             | Example person unmarried, no kids, 35.
             | 
             | - net: 2000EUR
             | 
             | - gross: 3100EUR
             | 
             | - company cost: 3850EUR
        
               | killtimeatwork wrote:
               | In Poland, it's like this, for an country-wide-average
               | salary:
               | 
               | - net: 4300 PLN - gross: 6000 PLN - total employer cost:
               | 7200 PLN
               | 
               | So, the total tax burden is around 40%.
               | 
               | What gets neglected in these discussions though is that
               | everything employer pays is counted as a cost he can
               | write off from revenue to decrease his profit taxes
               | (assuming company makes profit!). So, the effective cost
               | on employer side is lower than 7200 PLN - naive
               | calculation, assuming 15% profit taxes, would make it
               | 0.85 * 7200 PLN = 6100 PLN.
        
               | 988747 wrote:
               | Salaries are always considered the cost of doing
               | business, so I'm not sure what your point is here. What
               | is important is that many people can't wrap their head
               | around the fact that this additonal 1200 PLN which is
               | labeled as "employer contribution" to social security is
               | in fact part of their salary. So people do not realize
               | that their tax burden is 40%, they think it is just 29%.
               | 
               | Also, to make it worse, once you get your 4300 PLN salary
               | into your bank account, you pay on average 16% VAT on
               | every purchase (8-23%, depending on the item bought). So
               | in reality your net salary is 4300*0.84 = 3612, making
               | total tax burden almost 50%.
        
           | GekkePrutser wrote:
           | That may be the case but you can't just decide as an employer
           | that you don't want to honour an employee's rights.
           | 
           | If things don't add up or can be done a cheaper way, talk to
           | the government. Don't stop obeying the law.
        
           | ihalip wrote:
           | No way taxes are 66% of the gross salary.
        
             | ur-whale wrote:
             | > No way taxes are 66% of the gross salary.
             | 
             | In EU countries, there are _many_ taxes that do not carry
             | the official name  "tax".
             | 
             | Much easier that way to get the people to swallow the pill.
        
             | t0mas88 wrote:
             | That's not just taxes, he/she is including pension,
             | healthcare etc. on top of not just employee but also
             | employer taxes.
        
               | chongli wrote:
               | Since the pension is mandatory it's essentially a tax to
               | pay for a government provided pension. Same goes for
               | everything else.
        
             | Kiro wrote:
             | Social security fees are added on top of gross salary (and
             | normally not visible on your payslip) so it's not a tax per
             | se but still a cost for the company.
        
         | eplanit wrote:
         | Uber drivers I've asked have, without exception, said that they
         | oppose these moves to make them employees. I ask almost every
         | one whose car I get in.
        
         | tgv wrote:
         | It isn't (only) about what the actual drivers want. I'm sure
         | they also want more money, but Uber isn't going to give it to
         | them. It's also about fair competition, health and unemployment
         | insurance, pension, etc.
        
           | refurb wrote:
           | What a bizarre mentality. "I don't care if this is what you
           | want, you cant have it"
        
             | tgv wrote:
             | Give me your money. Now why don't you?
             | 
             | You're protecting your own interests. The state has to
             | protect everyone's interests; and there's always an
             | international aspect, at least in the EU. That goes beyond
             | than what short-sighted and possibly "primed" employees
             | might think they want.
        
               | kmlx wrote:
               | > The state has to protect everyone's interests
               | 
               | i don't think this is correct. the state only protects
               | their own interests. do these align with the general
               | populace? sometimes they do, other times they don't.
        
               | refurb wrote:
               | Ahhh.... Protecting workers from their own stupidity. Got
               | it.
        
         | colinmhayes wrote:
         | I read an econ paper describing how uber drivers were making
         | much less than they thought after taking into account gas and
         | maintenance costs. I'm usually pretty against paternalism, but
         | they made a really compelling case that uber drivers who were
         | actually making less than minimum wage thought they were making
         | $15-20. I'm not sure they know what's best for them.
        
         | lr4444lr wrote:
         | Yeah, actually, I bring this topic up with almost every uber
         | driver whose car I get into, and they tell me they do NOT want
         | to change the freelance arrangement. My brother in law drives
         | for Uber and tells me virtually no one he knows wants it
         | changed either.
        
       | krickkrack wrote:
       | It's interesting to me that, generally speaking, both Uber and
       | it's drivers are fine with the way things are, entering into a
       | mutually agreed upon contract...
       | 
       | Only to have people who have no skin in the game tell them both
       | what they have to do... because it's 'the right thing'.
        
         | yawaworht1978 wrote:
         | That's not the whole picture, though. You can't bring a bull to
         | a full dance club and do a rodeo, just because you and the bull
         | mutually agree. There is collateral damage here, taxpayers
         | paying the social expenses meant to be paid by Uber and the
         | unemployment money and services for the taxi drivers pushed
         | into unemployment by the Uber money burning scheme for
         | predatory pricing practices is something that is not mutually
         | agreed upon with the governments. Uber is dancing on a thin
         | thread on this
         | https://www.sciencedirect.com/science/article/abs/pii/001985...
         | 
         | So the government imposed a bit of a less radical change, as
         | predatory pricing consists of predating(done) and
         | recoupment(not happened yet). This is the legal term for
         | Microsoft embrace, extend, extinguish practice.
        
       | Pete-Codes wrote:
       | Nice one Dutchies
        
       | lifeisstillgood wrote:
       | The thing that interests me here is company valuation. The base
       | idea is that you predict the future profits of a company and NPV
       | that down to today, and that's how much the total share price
       | should be.
       | 
       | This of course is tricky, but at some point all the big
       | regulatory arbitrage plays (uber, airbnb) etc were obvious for
       | what they were - and I am not sure they got adjusted. In other
       | words short term competition and PR played as big a role it seems
       | in valuation models as did "can airbnb keep renting out against
       | local laws"
       | 
       | I have not dug into their IPO documents but it must be in there.
       | 
       | But once you are worth a gazillion dollars regulators have an
       | uphill struggle.
       | 
       | The thing is short selling is such a poor way to signal criticism
       | of the company. Investing is a default optimistic thing.
       | 
       | And I am not sure there is an alternative. Some kind of anti-
       | investment?
        
         | t0mas88 wrote:
         | > I have not dug into their IPO documents but it must be in
         | there.
         | 
         | Any IPO document I've seen had several pages of future risks,
         | so I'm almost certain that Uber has put the regulatory thing
         | somewhere in that chapter.
        
         | Iolaum wrote:
         | Maybe invest elsewhere? (Assuming qualified choices can be
         | found.)
        
           | lifeisstillgood wrote:
           | But that's not the point - I mean if _everyone_ did then the
           | company would get the point. But look at Climate change. FOr
           | decades its been  "ignore the tree huggers" - but imagine
           | there was an investment vehicle that was "anti-Exxon" - its
           | hard to stand up at the AGM and say "just tree huggers" when
           | there is a Trillion dollars of bets against you.
           | 
           | I don't think there is any possible such vehicle.
           | 
           | I just kind of wish there was.
           | 
           | A way of allowing the market to take care of externalities.
           | 
           | All we have is regulation, and as a fan of markets, that kind
           | of annoys me. (or rather, I recognise that markets are after
           | all dependant on the existence of government (as opposed to
           | the right-wing style if only governments did not exist
           | markets would take over). And am annoyed that this market has
           | not been created.)
        
       | Proven wrote:
       | Nonsense. The government has no right to decide how consenting
       | private parties arrange their relationship.
        
       | Grimm1 wrote:
       | Legitimate question, will Uber shut down it's Dutch operations
       | now? Will this cost them more money than it's worth to operate
       | there, and would they shutdown to send a message to other nations
       | about there intent should similar rulings be made?
       | 
       | Uber's margins have always been super thin, I would imagine this
       | makes them squarely unprofitable in the Dutch market.
        
         | maccolgan wrote:
         | Uber has done that before, I'd not be surprised
        
         | alkonaut wrote:
         | If other taxi companies can operate under these terms then so
         | can Uber. The margins are thin for other taxi companies too.
         | 
         | The question is perhaps: is Uber interested in being just
         | another taxi company, withut much of a disruptive edge?
        
         | Traster wrote:
         | This is what is likely to happen to Uber almost everywhere
         | eventually. Courts will slowly re-impose the workers rights
         | that Uber set out to avoid, the cost of an uber ride will go
         | up, which will shift riders back to more traditional transport
         | - busses, trains, bicycles and cars. Leaving a much smaller,
         | much less powerful Uber. Without the scale and the price making
         | power, Uber will see its value massively massively drop
         | shrinking to the value of a large taxi company (albeit one
         | that's throwing huge amounts of money away on extremely
         | expensive silicon valley engineers)
        
           | maccolgan wrote:
           | And in the background, consumers get fucked.
        
             | isbvhodnvemrwvn wrote:
             | Your convenience does not matter if employees are being
             | exploited.
        
               | maccolgan wrote:
               | Who decides what's exploitation? Me? You? The drivers?
               | Uber? The court system? Who may be right or wrong?
        
               | kazen44 wrote:
               | usually the legal branch of a country.
               | 
               | You know, the legal definition of what is exploitative
               | labour and what isn't.
        
         | mrweasel wrote:
         | > Will this cost them more money than it's worth to operate
         | there
         | 
         | But isn't that already the case? I not sure Uber is making a
         | profit anywhere in the world, so maybe they don't care if they
         | lose $0.58 or $0.75 per ride?
        
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