Description
The courier of a major food delivery platform in Luxembourg remains self-employed, following the Luxembourg's first court ruling on the employment status of platform workers.
After examining the circumstances of the parties' working relationship, the Luxembourg Labour Court rejected the request of a former courier to be reclassified as an employee, citing the absence of "legal subordination", a central criterion for determining employment status under Luxembourg law. The court's decision was influenced by several factors, including:
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The courier's autonomy to manage their own schedule and choose their working hours;
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The freedom to accept or decline assignments proposed by the platform, allowing them to control their workload;
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The ability to work for other platforms or clients without needing prior approval from the original platform;
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The fact that the courier used their own equipment (e.g., bike or phone) and bore their own expenses.
As the court ruled against reclassification, the couriers other demands, which included payment of back pay, paid leave or severance pay, were also rejected.
- Keywords
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autonomy and control,
algorithmic management,
working conditions,
employment status
- Actors
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Platform,
Individual worker,
Employee organisation,
Court
- Sector
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Accommodation and food service activities
Sources