Description
On July 9, 2025, France's highest court, the Cour de Cassation, rejected an appeal by an Uber driver who sought to have his relationship with the platform reclassified as a contract of employment. The court upheld a previous ruling from the Paris Court of Appeal, 11 Jan 2024, RG 23/02704, confirming the driver's status as a self-employed contractor.
The Cour de cassation recalled its established case law: a contract of employment exists when work is performed under subordination, defined by the employer’s authority to give orders, control execution, and impose sanctions. While integration into an organised service may indicate subordination, this is not sufficient on its own.
The key reasons for this conclusion were:
- Organising: Drivers freely set work hours, accepted/rejected tasks, and chose routes—no platform-imposed task allocation.
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Staffing: Drivers are not bound by any exclusivity clause and are free to work for competing platforms or find their own private clients.
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Directing/leading: Revised fare-setting and reconnection mechanisms reduced algorithmic control over task execution.
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Controlling: Sanctions (e.g., account deactivated) were restructured to allow immediate reconnection, diminishing enforcement of platform standards.
This ruling affirms Uber's updated business model. However, the situation may change in the future, as France must implement the EU Platform Work Directive by December 2026. This directive introduces a presumption of employment status where platform control is evident, which could challenge the court's current interpretation.
- Keywords
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autonomy and control,
algorithmic management,
employment status
- Actors
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Platform,
Court
- Sector
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Transportation and storage
- Platforms
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Uber
Sources
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The Paris Court of Appeal upheld the judgement of the Paris Employment Tribunal (Conseil de Prud'hommes de Paris) on 6 December 2022 which had declared itself without jurisdiction to rule …