Recent case law | Delivery messengers, couriers…employees? The Supreme Court says yes !
Published on :
09/01/2019
09
January
Jan
01
2019
The French Supreme Court recently handed down a very important decision for the rights of many workers in the web 2.0 economy. For the first time it has ruled on the qualification of the contract linking a delivery worker to a digital platform: is the worker self-employed or an employee bound by an employment contract? The burden of social charges and reporting are significantly higher for companies in the second case.
The Court recalls its classic case law: the subordinate relationship is characterized by the performance of work under the authority of an employer who has the power to issue orders and directives, to supervise the execution and to punish the failings of the subordinate.
In the case at hand, French judges considered that the courier is bound by an employment contract to the company using a web platform to the extent that the application was equipped with a geolocation system allowing the real-time monitoring by the company of the position of the courier and the counting of the total number of kilometers traveled. Moreover, they noted that the company had a disciplinary authority with regard to the courier, as it could issue penalties against them.
These elements characterize the existence of a relationship of subordination between the deliveryman and the digital platform.
This decision could very probably lead to further litigation for companies operating on similar platforms, resulting in the re-characterization of their relationships into employment contracts.
Employers, take note!
History
-
Van Olmen & Wynant Employment Forum on Positive Discrimination at MIVB /STIB
Published on : 29/03/2019 29 March Mar 03 2019L&E GlobalVan Olmen & Wynant just recently had the honour of hosting a new Employment F...Source : leglobal.org
-
When a settlement agreement is drafted in general terms, its scope is not limited to the sole original point of contention. The employee may not claim at a later stage for indemnification of potential rights.
Published on : 18/03/2019 18 March Mar 03 2019NewsNewsletter / Recent Case LawSometimes, upon the termination of the contract, the employer and the employe...
-
The final European directive on seconded workers is transposed into French law and will apply as of July 30, 2020
Published on : 18/03/2019 18 March Mar 03 2019NewsNewsletter / New legislationThe government has transposed the directive of 28 June 2018 on posted workers...
-
L&E Global awarded “Elite” status for Global-Wide Employment Law Networks by Chambers Global 2019
Published on : 11/03/2019 11 March Mar 03 2019L&E GlobalWe are proud to announce that for the second year in a row, L&E Global has be...Source : leglobal.org
-
Measuring equal pay for women and men: the administration sets the timetable and publishes a calculator for companies with more than 250 employees
Published on : 26/02/2019 26 February Feb 02 2019NewsNewsletter / Looking FowardThe obligation to publish the index of the gender equality concerns companies...
-
When there is no vitiated consent, moral harrassment does not nullify a mutually agreed termination
Published on : 26/02/2019 26 February Feb 02 2019NewsNewsletter / Looking FowardCollective mutually agreed termination (« rupture conventionnelle collective ...
-
Tuesday March 19th 2019 | Criminal labour law prosecutions: dealing with the risk - What's at stake for employers ?
Published on : 25/02/2019 25 February Feb 02 2019News / Breakfast BriefingsIncreased powers granted the Labour Inspector, lengthier limitation periods,...
-
Recent Case Law | Macron dismissal indemnity grid is not valid, according to certain French labour courts
Published on : 21/01/2019 21 January Jan 01 2019NewsNewsletter / Recent Case LawA few French courts have considered that the Marcon dismissal indemnity grid...
-
Looking forward | Coming in March 2019: Gender Equality in Businesses
Published on : 09/01/2019 09 January Jan 01 2019NewsNewsletter / Looking FowardStarting this year, French companies with over 50 employees (headcount by Fre...
-
Recent case law | Delivery messengers, couriers…employees? The Supreme Court says yes !
Published on : 09/01/2019 09 January Jan 01 2019NewsNewsletter / Recent Case LawThe French Supreme Court recently handed down a very important decision for t...