Reclassification

May 22, 2022

According to the criminal chamber of the French Court of Cassation, the offence of concealed work is not constituted for Click and Walk contributors

On 5 April 2022, the Criminal Division of the Court of Cassation overturned the decision of the Douai Court of Appeal of 10 February 2020, which had held that the company should have declared its contributors as employees. The Court considers that the company does not have the power, during the execution of the assignment, […]
May 22, 2022

The Court of Cassation censures the Court of Appeal's decision to reclassify a contract of employment

In a decision published on 13 April 2022, the social chamber of the Court of Cassation censured an appeal decision which had reclassified the contractual relationship between a VTC driver and the company Le Cab / Voxtur as an employment contract. The company Voxtur was placed in receivership in June 2020.On 31 January 2015, a […]
May 8, 2022

The criminal court of Paris fines Deliveroo 375,000 euros for concealed work

On Tuesday 19 April, the Paris criminal court fined Deliveroo France 375,000 euros and gave two former managers of the platform a suspended sentence of twelve months in prison for concealed work. The fine and the sentence are in line with the requisitions of the prosecutor and the civil parties (more than 100 Deliveroo riders). […]
September 27, 2021

France : The social chamber of the Cour de cassation requalifies the partnership contract of an Uber driver as an employment contract

This decision is the second that the social chamber of the Court of Cassation has issued on the subject of platform workers, after the decision in the Take Eat Easy case (Soc., 28 November 2018, pourvoi n° 17-20.079). It rejects an appeal against a decision admitting a request for requalification. The judgment was strongly reasoned, […]
September 27, 2021

UK : Court of Appeal in England and Wales rejects Deliveroo delivery worker's claim for reclassification as a worker

Britain's Court of Appeal confirmed on Thursday that riders for food delivery firm Deliveroo were self-employed, dismissing a union appeal against past judgments on their status. The Independent Workers Union of Great Britain (IWGB) had applied to the Central Arbitration Committee (CAC) to be recognised by Deliveroo for collective bargaining in respect of a group […]
September 27, 2021

UK : Supreme Court rules that Uber drivers are entitled to workers rights

The UK supreme court has dismissed Uber’s appeal against the 2016 landmark employment tribunal ruling that its drivers should be classed as workers with access to the minimum wage and paid holidays. The court concluded that the drivers were workers because of Uber’s level of control over them, including setting fares and not informing them […]
September 23, 2021

France : Rejection of the request for requalification as an employment contract - Deliveroo delivery driver - Paris Court of Appeal

The Paris Court of Appeal rejected the request for the requalification as an employment contract of the service contract concluded by a delivery person with the Deliveroo platform, considering that neither the clauses of the employment contract nor the terms of execution of the employment relationship characterised the existence of a subordination link. The Paris […]
September 23, 2021

Italy : Reclassification of Uber Eats, Deliveroo and Just Eat riders

Following a secret inquiry, the Milan Public Prosecutor's Office has established that the employment relationship of riders working for different digital platforms (Foodinho, Glovo, UberEats, JustEat and Deliveroo) cannot be considered as occasional independent work, but must be reclassified as hetero-organized collaboration. The Court gave the companies 90 days to hire 60,000 workers. In case […]
September 23, 2021

Italy : The Court of Parlemo classifies a Glovo rider as employee

The Court of Palermo has ruled that the Spanish delivery platform Glovo has to reclassify a courier as a full-time employee. As the relationship between the courier and Glovo was an employee-employer relationship, the Court had Glovo pay the courier an hourly wage instead of remunerating him per delivery. The rider had initially gone to […]
September 23, 2021

Spain : The high Court of Justice of Aragon confirms 57 Deliveroo riders are workers

The High Court of Justice of Aragon dismissed Deliveroo’s appeal against a ruling by a Saragoza Court of 27 April 2020 and confirmed that 57 riders who worked through Deliveroo over the period between February and November 2017 were workers (“trabajadores por cuenta ajena”). The ruling followed criteria established by the Supreme Court. Among the […]
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Digital Platform Observatory

The digital platform observatory is a joint initiative of ETUC, IRES and ASTREES, funded by the European Commission. It brings together trade unionists, experts, activists, specialists of workers representation and collective action in the  platform economy.