Date
1 December 2020

Tag

Active

Country
Germany Germany
Geographical scope
Local
Type
  • Type

    Employment contract

    Legal
View Court ruling

Description

Landmark decision by German Federal Court in favour of employment status of platform workers.

A platform worker sued Roamler, a Dutch-based operator of an internet platform and app, for which he used to work in Munich. Roamler facilitates "micro-jobs," such as checking product displays in shops and petrol stations for brand manufacturers, mystery shopping, etc.

The platform Roamler initially informed the platform worker that they would not be offering him any further contracts and that his account would be deactivated on April 10, 2018. The worker took the claim to court in collaboration with the union of metal workers (IG Metall) arguing that he should not be seen as self-employed since he relied on the platform for gaining his income to a large extent (he had gained 60 percent of his earnings via Roamler). 

First Instance: 20 February 2019: Arbeitsgericht München Munich Labour Court's decision Az 19 Ca 6915/18 was to deny the existence of an employment relationship.

Appeal: Landesarbeitsgericht München [Munich Regional Labour Court's decision 8 Sa 146/19 [(https://www.bundesarbeitsgericht.de/wp-content/uploads/2021/07/9-AZR-102-20.pdf). The LAG München upheld the first-instance decision, confirming that no employment relationship existed. It did, however, allow for an appeal (Revision) to the Federal Labour Court due to the fundamental importance of the case.

Revision (Appeal on points of law) 01 Dec 2020: Bundesarbeitsgericht (Federal Labour Court - BAG), 9 AZR 102/20. The Federal Labour Court took a landmark decision. The BAG overturned the LAG München's ruling in part. While it confirmed that the initial framework agreement itself did not establish an employment relationship, the BAG found that the actual execution of the individual tasks (micro-jobs) through the platform, considering how Roamler organised and incentivised the work, did lead to the plaintiff being classified as an employee for the periods he was undertaking those tasks. It argued that the platform made use of elements of gamification, through which it secures the attachment of the workers. This system operates through the perpetual provision of spontaneous offers for micro-jobs. In this way, the workers are highly determined by the platform, since it dictates the location, time and content of their occupations. This court ruling marked the first time a crowdworker was classified as employee by a German court. 

Motivation for ruling related to employment classification

  • Personal dependence due to the platform's control over work specifics.

  • Lack of significant autonomy in task execution.

  • Economic dependence and structured incentives.

  • Continuous and integrated nature of work resembling traditional employment.

  • Platform's organisation of tasks indicative of an employment relationship.


Additional metadata

Keywords
employment status
Actors
Platform, Individual worker, Employee organisation, Court
Sector
No specific sector focus
Platforms
Roamler

Sources

Citation

Eurofound (2020), German Federal Labour Court ruled in favour of employment status in Roamler case (Court ruling), Record number 2435, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/german-federal-labour-court-ruled-in-favour-of-employment-status-in-roamler-case-105471.