Date
1 December 2020

Tag

Active

Country
Germany Germany
Geographical scope
Local
Type
  • Type

    Employment contract

    Legal
View Court ruling

Description

In 2019, an online-micro-worker filed a lawsuit against the crowdworking platform Roamler, which he used to work for in Munich. Roamler had terminated the collaboration with the worker without further notice. The crowdworker 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). After losing the dispute at first instance at the Regional Labour Court in Munich, the National Labour Court ruled that the worker had to be understood as employee. 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. 

Reasons the plaintiff brought to claim employee status:

  • Personal obligation to perform tasks with no significant autonomy.

  • Detailed instructions and time constraints provided by the platform.

  • Use of an app that dictated the terms and conditions of work.

  • Economic dependence on the platform for continuous work.

  • Incentive structure that encouraged regular engagement with the platform.

The Court of Appeal initially ruled against the plaintiff, but the Supreme Court found that the plaintiff was working as an employee, not as an independent contractor, at the time of the disputed termination.

The decision involves multiple levels, with the final ruling being from the Supreme Court after appeal.

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 organization 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 supreme court rules in favour of employment relationship for microworker (Roamler) (Court ruling), Record number 2435, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/german-supreme-court-rules-in-favour-of-employment-relationship-for-microworker-roamler-105471.