Date
10 January 2019

Tag

Inactive

Country
France France
Geographical scope
Type
  • Type

    Employment contract

    Legal
View Court ruling

Description

On 10 January 2019, the Paris Court of Appeal reclassified the partnership contract between an Uber driver (Mr. Z) and the Uber platform as an employment contract. The court found that a subordinate relationship existed, meaning Uber exercised control similar to that of an employer, despite the driver being officially registered as an independent contractor.

Mr. Z worked as a driver for Uber under a "partnership agreement." Uber set the ride prices, provided weekly activity reports, and gave him ratings and recommendations. His account was permanently deactivated without prior warning or clear explanation.

Mr. Z took his case to the Paris labour tribunal (Conseil des prud’hommes), arguing his deactivation was an unfair dismissal and his contract should be recognised as an employment contract. In June 2018, the tribunal ruled it was incompetent, stating the relationship was commercial in nature and should be heard by the commercial court.

Mr. Z appealed this decision, insisting that his working conditions demonstrated a clear subordinate relationship with Uber.

The Paris Court of Appeal overturned the initial ruling, siding with the driver. It ignored the "partnership" title of the contract and focused on the actual working conditions.

The court used a traditional legal method known as the "bundle of clues" (faisceau d’indices) and based its reasoning on three key elements that proved subordination:

  • Directives: Uber issued specific instructions that were incompatible with the status of an independent worker. This included setting fares, dictating the GPS route to follow, regulating driver behavior (e.g., prohibiting the acceptance of tips), and forbidding the driver from picking up non-Uber passengers during a trip.

  • Control: Uber exercised constant control over the driver's activity. The platform monitored ride acceptance rates, sending a message ("Are you still there?") after three refused rides. Drivers who did not want to accept rides were told to log off, which limited their freedom to choose their hours and jobs without consequence.

  • Sanctions: Uber held a discretionary power to punish drivers. This included setting a maximum ride cancellation rate, which, if exceeded, could lead to account deactivation. The permanent loss of access to the account, as experienced by Mr. Z, was identified as the ultimate sanction.


Additional metadata

Keywords
employment status
Actors
Platform, Individual worker, Court
Sector
Transportation and storage
Platforms
Uber

Sources

Citation

Eurofound (2019), Paris Court of Appeal: Uber Driver Reclassified as Employee (Court ruling), Record number 4503, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/paris-court-of-appeal-uber-driver-reclassified-as-employee-110252.