The judges confirmed a judgment rendered last January, in which the Paris Court of Appeal recognized a “link of subordination” between the driver and the platform. It is a first in France.
Through Le Figaro
In a judgment rendered on Wednesday, the highest court of the judicial system requalified the relationship between a driver and Uber as an employment contract.
In January 2019, a judgment of the Paris Court of Appeal had declared the link between a former independent driver and the American platform as an “ employment contract ”. The court had detailed “a sufficient bundle of clues“Which characterized according to her”the bond of subordination”Linking the driver to the platform, and therefore the existence of a de facto employment contract.
In its judgment of Wednesday, March 4, the Court of Cassation considers that “the driver who uses the Uber application does not constitute his own clientele, does not freely set his prices and does not determine the conditions of performance of his transport service“, especially. As many elements which push the highest jurisdiction to detect, as last January, this “relationship of subordination between the driver and the company“, who gives “fictitious»The driver’s independent status.
This ruling calls into question the economic model shaped by the American giant. Indeed, other drivers could request the requalification of their contract with Uber, and thus become an employee of the company.
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