Description
The Federal Labour Court (BAG) confirmed the employee status of a platform worker from Bavaria, Germany. According to the legal requirements in Germany, an employment relationship will be recognised when the company controls the cooperation via its online platform operated in such a way that the contractor is not able to freely design his/her activities in terms of location, time and content. This is the case here, with the processing of the individual orders being precisely prescribed and the incentives designed in a way that the worker has little autonomy in deciding whether to accept the orders. However, the platform had temporarily terminated a possible employment relationship as a precaution. Because the plaintiff had not invoked protection against dismissal, this termination was effective, ruled the BAG. The Munich Regional Labour Court has yet to clarify to what extent the plaintiff is still entitled to pay-back wages for vacation and illness.
- Keywords
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autonomy and control,
employment status
- Actors
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Court
- Sector
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No specific sector focus
Sources