Description
On 28 Novermber 2018, the French Cour de Cassation annulled a Paris Court of Appeal judgement according to which a bicycle courier for the food delivery platform 'Take Eat Easy' was not an employee because he had the freedom to choose his working hours.
According to French law, a subordination relationship is characterised by the performance of work under the authority of an employer who has the power to give orders and directives, to control their execution and to sanction the subordinate's failures.
The appeal court had itself pointed out three key elements which, according to the Cour de cassation, legally characterised a subordinate employment relationship:
(1) the system of geolocation allowing the real-time monitoring of the position of the rider (2) the control of the total number of kilometres rode by the riders and (3) the sanctions applied to the riders in some particular cases demonstrated that Take Eat Easy had powers of direction and control over its contractors.
The Cour de cassation ruled that the appeal court was wrong to conclude these factors were outweighed by the courier's freedom to choose their shifts. In essence, the existence of a clear system of control and sanction during the work itself was sufficient to legally characterise the relationship as one of employment.
- Keywords
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autonomy and control,
employment status
- Actors
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Court
- Sector
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Transportation and storage
- Platforms
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Take Eat Easy