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Paris: justice reclassifies as an employment contract the link between a private driver and Uber


The man worked for the American company between October 1, 2014 and August 16, 2016, when he was unilaterally disconnected by the platform.

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The decision dates back to May 12. The Paris Court of Appeal recognized the existence of a relationship of subordination between a VTC driver and the Uber platform and therefore reclassified the driver’s service contract as an employment contract.

The man worked for the American company between October 1, 2014 and August 16, 2016, when he was unilaterally disconnected by the platform. The latter has “integrated a service organized by Uber which unilaterally determined the conditions of execution of the service “, writes the court.

It could in particular be the object of “some background checks as a driver” which risked, if necessary, leading to “a deactivation or restriction of access” to the application.

Another argument put forward by the court to establish the relationship of subordination: “Uber sets a rate for the service corresponding to a ‘recommended’ amount”, without leaving the choice to the driver. This could lead to one-off rate reductions of “20%” and even, “on some items, a real drop of 30% on the price per kilometer, or even 50% on the support package”, can we read in the decision.

Uber therefore had the power to control the performance of the service but also to sanction any breaches noted. The company has also admitted to having temporarily deactivated the account of its driver because of the refusal of three consecutive trips while he was connected. She also reserved “the right to deactivate access if the evaluation falls below the minimum average evaluation that it alone sets”.

As a result, the driver had no freedom to set his prices and could not accept or refuse the rides as he wished. The court therefore ordered Uber to pay nearly 58,000 euros to the plaintiff for various indemnities and the reimbursement of his professional expenses.



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