The Paris Court of Appeal condemns Deliveroo for concealed work

Date of decision:

On July 6th 2022, the Deliveroo platform, which had so far obtained two favourable rulings in second instance (in 2017 and in 2021), was for the first time condemned for "concealed work" by the Paris Court of Appeal, which confirmed the requalification of a courier's service provision contract as an employment contract. The judges also found that moral harassment had occurred, characterising oppressive management.

A bicycle delivery driver working with Deliveroo had his service contract terminated by the company for "serious failure to perform the service". In February 2020, the Paris Labour Court ruled that the employment contract had been reclassified and also recognised the existence of concealed work. Deliveroo appealed.

The salaried relationship was established by the Court by the existence of a "permanent subordination" link based on the geolocation mechanism which allows Deliveroo to impose on its delivery drivers the terms and conditions of the service.

The Court also recognised a deliberate desire on the part of the service company to circumvent the legal mechanisms. In order to characterise the facts of moral harassment, the Court identified an essential element: Deliveroo's management impacts on the private life of the delivery personnel, particularly when messages are sent outside the service.

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