Description
The Administrative Commission for the Regulation of Employment Relations in Belgium determined that the working relationship between a driver (X) and the platform (Y) was not one of self-employment but rather an employment relationship. The dispute was centred on the correct classification of the driver's employment status, as he claimed that the conditions imposed by the platform made him feel like an employee rather than an independent contractor.
The driver argued that the working conditions imposed by the platform Y did not allow him to exercise his work as an independent contractor, suggesting there was a relationship of authority and lack of autonomy.
Motivation for Ruling:
Lack of Autonomy: X had limited freedom in organising his work and was subject to strict control and instructions from the platform.
Control and Authority: The platform imposed a hierarchical control, monitoring performance, and dictating the terms of service provision.
Integration into Platform: The driver's work was integrated with and dependent on the platform Y's systems.
Presumption of Employment: More than half of the legal criteria indicating employment were met.
187 - Décision anonymiséee
- Keywords
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employment status
- Actors
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Court
- Sector
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Transportation and storage