On March 4, 2020, the French Supreme Court (“the Court”) rendered a new decision on the legal classification of the agreement existing between Uber and one of its drivers, in line with its previous ruling in the Take Eat Easy case (Ruling n°374 of March 4, 2020 – Appeal n° 19-13.316 and Ruling n°79 of November 28, 2018 – Appeal n° 17-20.079).
The Court has decided that the driver is in a subordinate relationship with Uber and, therefore, that the self-employed status of the driver is merely fictitious and that the professional relationship between Uber and its driver should be reclassified as an employment contract.
Following the Court, in accordance with its established case law, an employment contract is characterized by the performance of a job under the authority of an employer who has the power (i) to give orders and instructions, (ii) to supervise performance, and (iii) to sanction non-compliance with the instructions given.
Additionally, according to the Court’s case law, the existence of a subordinate relationship does not depend on the will expressed by the parties or on the title of the contract, but rather on the factual conditions under which the work is carried out.
In the case at hand, the Court applied the aforementioned criteria and stated in particular that:
The driver joins a digital platform, entirely set-up and organized by Uber, under the terms and conditions set by Uber.
The driver, who uses the Uber digital platform, does not build up his or her own clientele, does not freely set his or her fares and rates and does not determine the terms and conditions of the transportation service.
The fact that the driver is not obliged to connect to the digital platform and that he or she is, consequently, able to choose the working days and working hours does not exclude per se an employment/subordinate relationship.
Uber is able to sanction the driver by (temporarily or permanently) limiting or preventing access to the digital platform.
https://www.lexology.com/library/detail.aspx?g=092fafe2-f4ec-43a6-950c-396d9c10e522
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LIVERPOOL
An uninsured and unlicensed driver whose passenger died in a head-on crash with a taxi has been jailed.
The Ford Fiesta driven by Alex Lloyd, 26, hit a Ford S-Max private hire cab on Princess Drive in West Derby last June, Merseyside Police said.
Paul Hayes, 25, was killed and his 19-year-old girlfriend Lauren, also a passenger, was seriously injured.
Lloyd, who admitted causing death by dangerous driving, was sentenced to seven years and four months in prison.
Lloyd, of Lawson Walk, West Derby also pleaded guilty at Liverpool Crown Court to causing serious injury by dangerous driving, causing death by driving a vehicle while uninsured and unlicensed, and failing to provide a specimen for analysis.
He was also disqualified from driving for five years.
https://www.bbc.co.uk/news/uk-england-merseyside-52682399
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