The labor court of Lyon condemned the American company following a complaint by several independent drivers. The latter demanded that their relationship with the platform be requalified as an employment contract.
It is an important victory that these 139 VTC drivers have just won, and which could undermine Uber’s economic model in France.
Independent drivers requalified as Uber employees by industrial tribunals
The American VTC company was ordered to compensate some of its drivers, for a total sum of 17 million euros after several breaches of the Labor Code. Are cited pell-mell unjustified disciplinary sanctions, non-compliance with the legislation relating to maximum working hours and mandatory rest time, but also dismissals without real and serious cause, concealed work or faulty execution of the employment contract.
” This deliberation in a way recognizes the abuse of a dominant position by Uber, which has acted as a cartel for so many years. », Welcomes the association of independent drivers from Lyon (ACIL) in a press release. The organization even speaks of a ” historic victory on the American giant.
To reach this decision, the industrial tribunal relied on the decision of the Court of Cassation dated March 4, 2020, which had forced Uber to requalify one of its self-employed drivers as an employee. Justice considers that the dress required of drivers and the prices imposed by the platform go against the independent status of the service providers it employs. There would indeed be a relationship of subordination between them and Uber.
Europe is meddling in Uber’s business and could torpedo its economic model
Uber does not intend to stop there and will appeal this decision which ” goes against the position widely shared by industrial tribunals and courts of appeal which confirm the independence of VTC drivers using the application, judging in particular that there is no obligation of work or exclusivity vis-à-vis Uber, or even that the drivers remain completely free in the organization of their activity “, as the company explains to AFP. It also refers to this affair as an isolated case which does not call into question its economic model in France or in Europe.
However, this is not the opinion of the Employment Committee of the European Parliament which, in 2022, declared itself in favor of a European Commission directive establishing a legal presumption of employment for workers on digital platforms. .
Clearly, microentrepreneurs would automatically be considered as employees if their client imposes their remuneration, their working hours or a sustained control of services, but also if they apply dress codes or codes of good conduct.
This directive, if it sees the light of day, will now have to be proposed to European parliamentarians before being transposed into the law of each EU country, and there is no doubt that Uber will put all its weight and resources into lobbying to counter such a proposal. The company is also trying to calm the spirits of its service providers and has proposed an agreement fixing the minimum price of a race, regardless of the route travelled.
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- A sober and intuitive interface to simplify the reservation of a race
- A secure payment designed to facilitate the process
- A private transportation service combined with the Uber Eats catering service
Uber – Request a ride is an application from the Uber Technologies Inc. group that offers an alternative service to public transport or the use of a personal vehicle. Its simple interface as well as its fast and qualitative service have undoubtedly contributed to strengthening its dominance in the private on-demand transport market.
Uber – Request a ride is an application from the Uber Technologies Inc. group that offers an alternative service to public transport or the use of a personal vehicle. Its simple interface as well as its fast and qualitative service have undoubtedly contributed to strengthening its dominance in the private on-demand transport market.
Source : The Digital Factory
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