Date
15 January 2021

Tag

Active

Country
France France
Geographical scope
National
Type
  • Type

    Employment contract

    Legal
  • Type

    Social rights

    Legal
View Court ruling

Description

On 15 January 2021, the Lyon Court of Appeal ruled that an Uber driver shall be classified as an independent contractor, adding that the driver who brought the complaint is ‘free to connect [to the app] when he wants, or not to connect, and hence to not work’. The Lyon court backed Uber’s arguments, stating that ‘no contractual provision obliges the driver to work through the Uber platform’, ‘no exclusivity clause is contractually stipulated’, and the driver has no ‘fixed fee’ imposed on him — he is only paid for completed rides. Most recently, a Belgian administrative commission ruled that an Uber driver should be considered an employee, as the ride-hailing app’s employment conditions prevented him from operating as an independent worker. The European Trade Union Confederation (ETUC) is calling for an EU action on the labour rights of platform workers, pointing to recent rulings in Belgium, Italy and Spain.


Additional metadata

Keywords
employment status
Actors
Platform, Employee organisation, Court
Sector
Transportation and storage
Platforms
Uber

Citation

Eurofound (2021), Uber driver is an 'independent contractor', French court rules (Court ruling), Record number 4361, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/uber-driver-is-an-independent-contractor-french-court-rules-103844.