Description
A driver (Mr F.) asked for his contractual relationship with Uber BV to be reclassified as an employment contract, after Uber deactivated his account. The Paris Court of Appeal (10 January 2019) had agreed, finding that his status as “independent” was fictitious. Uber France and Uber BV appealed.
The Cour de cassation upheld the appeal court’s decision, confirming the existence of an employment contract. It found that:
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The driver did not build his own clientele, nor set prices or conditions of work; these were entirely controlled by Uber.
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Connection to the platform placed the driver in a service fully organised by Uber.
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Tariffs were fixed algorithmically, with Uber able to adjust fares if routes were deemed “inefficient.”
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The platform monitored performance through geolocation, acceptance/refusal rates, and passenger ratings.
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Uber had disciplinary powers, including temporary or permanent disconnections and sanctions linked to cancellations or complaints.
The Court concluded that Uber exercised the powers of direction, control, and sanction – the hallmarks of legal subordination – meaning the partnership agreement was in fact an employment contract.
Uber’s appeal was rejected, and it was ordered to pay €3,000 in costs to the driver.
- Keywords
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platform characteristics and business model,
algorithmic management,
employment status
- Actors
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Platform,
Individual worker,
Court
- Sector
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Transportation and storage
- Platforms
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Uber
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In June 2018, following the deactivation of his account, an ex-Uber driver argued that his relationship with Uber was effectively one of an employee, not an independent contractor. He claimed …
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