Description
The food delivery platform Bolt is neither the employer nor the hirer of its couriers, according to a court ruling.
The court ruling followed Bolt's appeal against an order from the Swedish Work Environment Authority. In October 2022, the Authority had issued an order against Bolt and other platforms to take certain measures to improve the working conditions of its couriers. The Authority assessed that Bolt should be regarded as the employer of the couriers and, therefore, be responsible for their health and safety under the Work Environment Act. The order included a fine of 200,000 SEK.
Bolt appealed the decision, arguing that it is neither the employer nor the hirer of its couriers. The couriers are either employed by other companies or are self-employed. According to the platform, Bolt only provides a digital platform for the couriers to accept delivery jobs. The couriers operate independently once they join the platform, and Bolt has no influence over their work or the tools they use.
The administrative court ruled in favour of Bolt and annulled the Swedish Work Environment Authority's decision, declaring that Bolt is not responsible for the couriers' work environment. The court argued that Bolt has minimal influence over the couriers' work environment, does not supervise them directly, and does not have a fixed place of business.
The court ruling was appealed by the Swedish Work Environment Authority, first to the Court of Appeal, which dismissed the appeal, and later to the Supreme Administrative Court. However, the Supreme Administrative Court declined to hear the case, thereby upholding the lower court's decision.
The Decision: Administrative Court in Gothenburg 2023-06-16, case no. 12023-22
- Keywords
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autonomy and control,
health and safety,
working conditions,
employment status
- Actors
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Platform,
Court,
Administrative authority
- Sector
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Accommodation and food service activities
- Platforms
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Bolt
Sources
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The food delivery platform Wolt is responsible for the working conditions of its couriers, according to the Swedish Court of Appeal. The court ruling followed Wolt's appeal against an order …