Why does this have to be an exclusive or? I don't see how drivers would not be able to choose their own hours or the amount of work just because Uber has to tre

Why does this have to be an exclusive or? I don't see how drivers would not be able to choose their own hours or the amount of work just because Uber has to treat them as employees? I live in Germany, I work when and as much as I want, and my employer still pays health insurance and I get sick leave and paid holidays, based on the average time I work.