The French Court of Cassation confirmed the Paris Court of Appeal’s finding that Uber drivers are employees. This is the country’s highest court.
This is the latest on the ongoing situation whereby Uber are adamant that the drivers are self-employed independent contractors.
The Court of Cassation reviewed the facts and based their decision on the following;
• Contractual documentation and compliance with regulatory regimes are irrelevant when platforms exercise tight algorithmic control.
• Drivers had no choice in determining their client base, terms and conditions or pay.
• The ever-present threat of deactivation means that drivers have no real freedom of choice of when they can log on and off.
Uber’s appeal to the Supreme Court is due to be heard this summer, although this particular case is limited to French law the in depth analysis of the Uber business model translates internationally.
We will keep you informed of any further developments that affect the gig economy!
