Date
4 December 2019

Tag

Active

Country
Germany Germany
Geographical scope
Regional
Type
  • Type

    Provision of insurance and social protection

    Legal
  • Type

    Employment contract

    Legal
View Court ruling

Description

The Regional Labour Court of Munich ruled that no employment relationship exists between a crowdworker and an internet platform operator. The platform facilitated tasks such as checking product presentations in retail or petrol stations for brand manufacturers, which the crowdworker could accept via an app. The dispute revolved around whether the agreement constituted an employment contract.

The court found no employment relationship between the plaintiff (crowdworker) and the defendant (platform operator).

First instance, issued by the Landesarbeitsgericht (LAG) Munich.

Motivation for Ruling: - No Obligation: The agreement did not obligate the crowdworker to accept tasks or the platform to offer tasks. - Lack of Personal Dependency: An employment contract requires work to be performed under instructions and in personal dependency, which was not the case here. - Independent Task Acceptance: Tasks could be selected within a self-chosen radius, indicating autonomy. - Framework Agreement: The agreement was a framework contract, which allowed termination via email.


Additional metadata

Keywords
working conditions, employment status, discrimination
Actors
Court
Sector
No specific sector focus

Citation

Eurofound (2019), Munich Regional Labour Court: Crowdworkers are not automatically employees (Court ruling), Record number 3232, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/munich-regional-labour-court-crowdworkers-are-not-automatically-employees-99613.