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Description

In April 2021, the Paris Court of Appeal rejected a Deliveroo rider’s request for the reclassification of his service contract with the company as an employment contract. The Court reasoned that the link of subordination, which determines an employer-employee relationship between the platform and the rider, had not been demonstrated based on the arguments presented by the rider (receiving strict instructions from the company on prices, imposing a dress code, setting of working hours, geolocation tracking, financial penalties). The judges noted that the platform did not require the worker to wear the company logo on his clothes, that the rider was free to work or not according to the proposed tariffs, that geolocation tracking served to ensure the link between the restaurant owner and the end customer, that the tariff deductions as a reaction to non-compliance with clothing practices or unjustified absences were not a disciplinary power but a financial withholding defined in the contract. These considerations run counter to the position taken by the Court of Cassation in its judgment of March 2020, particularly on the matter of the geolocation tracking device.

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Additional metadata

Keywords

employment status

Actors

Platform, Individual worker, Other

Sector

Transportation and storage

Sources

• Pour la cour d’appel de Paris, un livreur Deliveroo n’est pas un salarié

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