Description
The Supreme Labour Court of Sweden has ruled on the employment status of a moped courier working for Foodora. According to the court, the platform worker was not employed by Foodora, but by a staffing agency which supplied workers to the platform.
The moped courier had initially signed a temporary employment contract with Foodora and continued working for the platform even after the contract ended. The courier was later suspended from the app that assigned his shifts. The Swedish Transport Workers’ Union, representing the courier, argued that the courier was employed directly by Foodora and that this suspension constituted a wrongful dismissal. Foodora, on the other hand, contended that the courier was employed by Pay Salary, which had supplied the worker to the platform.
The court’s primary focus was on determining whether the courier was employed by Foodora or not. The court explained that when a staffing agency supplies workers, the worker is typically considered employed by the agency, even if they perform work for the client company. The court further clarified that in cases of employee leasing, the typical employer functions are split between the staffing agency (which pays the salary) and the client company (which supervises the work). This means that the overall assessment that is typically made to assess whether a person is an employee or a contractor cannot be directly applied in cases of employee leasing. Instead, the key to determining employment status lies in the agreements between the staffing agency, the worker, and the client company.
The agreement between Foodora and Pay Salary stated that Pay Salary would assume employer responsibilities for the workers it supplied to Foodora and would sign employment agreements with them. In this case, the courier had a contract with Pay Salary, but none existed with Foodora. The court ruled that the courier was employed by Pay Salary, not directly by Foodora. Thus, the suspension was not a wrongful dismissal by Foodora.
- Keywords
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employment status
- Actors
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Platform,
Individual worker,
Employee organisation,
Court
- Sector
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Accommodation and food service activities
- Platforms
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Foodora
Sources