Wednesday, March 4, 2020

"France’s Highest Court Rules In Favor Of Uber Driver As Employee"

Via PYMNTS.com:
France’s high court ruled in favor of an Uber driver who had asked that his contractual relationship with Uber be changed to an employment contract, the court said on Wednesday (March 4), per reports.

The decision by the Court of Cassation could upend the gig economy model in France, where other ride-hailing and food delivery apps depend on self-employed drivers.

“When connecting to the Uber digital platform, a relationship of subordination is established between the driver and the company,” the court said in a statement. “Hence, the driver does not provide services as a self-employed person, but as an employee.”

The Court of Cassation upheld a court of appeal decision that ruled Uber drivers are not considered self-employed contractors since they can’t set pricing or get their own clients.

“The driver who uses the Uber application does not constitute his own clientele, does not freely set his prices and does not determine the conditions of performance of his transport service. The route is imposed on him by the company and, if he does not follow it, price corrections are applied. The destination is not known to the driver, thus revealing that he cannot freely choose the route that suits him,” the court said in a press release.

The decision could set the stage for other Uber drivers to request reclassification of their work relationship with Uber. The current model enables Uber to avoid numerous taxes that fund France’s welfare system, Reuters reported....
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