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
-
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...
-
In focus: Macron’s response to the Yellow Vests
Published on : 09/01/2019 09 January Jan 01 2019NewsNewsletter / New legislationAfter a great deal of public debate and calls for reform, French president Em...
-
New Legislation | Social Security changes in the New Year
Published on : 09/01/2019 09 January Jan 01 2019NewsNewsletter / New legislationEvery year’s end, the French parliament votes the Social Security financing l...
-
Do’s & Don’ts | This month: Pre-dismissal interviews
Published on : 09/01/2019 09 January Jan 01 2019NewsNewsletter / Do’s and Dont’sIn France, there are strict rules and procedures to follow in the process of...
-
Thursday January 24th 2019 | Urgent economic and social measures, Social Security Finance Act, Loi de finances (Finance Act), Agirc / Arrco merger: changes as of 1st January 2019
Published on : 08/01/2019 08 January Jan 01 2019News / Breakfast BriefingsExceptional purchasing-power bonus of up to 1,000 € Overtime pay: exemp...
-
Exceptional “Yellow Vest” Bonus : The law is published !
Published on : 14/12/2018 14 December Dec 12 2018NewsNewsletter / New legislationNewsletter / Looking FowardThe law bearing economic and social emergency measures was enacted on Decemb...
-
Equality between men and women : companies have three years to be compliant
Published on : 07/12/2018 07 December Dec 12 2018Newsletter / Looking FowardAs of a date that will be set out by decree, each company employing at least...
-
LABLAW is TopLegal’s Winner of the 2019 Award Italian Employment Litigation Law Firm of the Year
Published on : 05/12/2018 05 December Dec 12 2018L&E GlobalWe are proud to announce that L&E Global Italy, LABLAW, was recently presente...Source : leglobal.org