Description
In June 2018, following the deactivation of his account, an ex-Uber driver argued that his relationship with Uber was effectively one of an employee, not an independent contractor. He claimed that each of the 2,038 trips he completed was a separate fixed-term employment contract. He asked the tribunal to reclassify his "partnership" as a permanent employment contract, rule that his account deactivation was an unfair dismissal, and award him significant compensation for unpaid overtime, meal allowances, damages for undeclared work, and more.
Uber contended that its relationship with the driver was purely a commercial partnership and that he was an independent professional who used their app to connect with customers. Uber argued that because the driver was registered as an independent operator, there was a legal presumption that he was not an employee. They claimed the partnership ended due to serious breaches of the app's rules by the driver.
The tribunal sided with Uber and declared that it lacked jurisdiction to hear the case. This decision was made at the first instance level, in the Labour Court (Conseil de prud'hommes) of Paris.
The central issue was whether a "relationship of subordination" existed, which is the key test for an employment contract in French law. According to the ruling:
- The driver had total freedom to choose his working hours and days.
- The driver could refuse rides and connect to the app at his discretion.
- The relationship was defined by a commercial contract, not an employment contract.
- Uber's role was deemed as intermediation, not providing transport services directly.
Because the driver was registered as an independent operator and had control over his work schedule and activities, the tribunal concluded the relationship was commercial and therefore the case should be referred to the Commercial Court of Paris.
The driver appealed.
Updates (1)
The following recent changes to this court ruling have been recorded.
- 4 September 2025
In March 2020, the Court of Cassation classified the relation between Uber and its drivers as an employment contract. The ruling followed a complaint issued by a driver in 2017 after his account had been deleted by the platform.
Following the decision of the Court of Cassation in 2020, the Paris Court of Appeal ruled that the service contract between Uber and its drivers had to be redefined as an employment contract as of May 2021.
- Keywords
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employment status
- Actors
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Platform,
Individual worker,
Court
- Sector
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Transportation and storage
- Platforms
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Uber
Sources