Highest French court reclassifies Uber drivers as employees

Re:Highest French court reclassifies Uber drivers as employees by WalterBright on Wednesday March 04, 2020 @03:46PM (#22487892)

Since Uber drivers are using their own equipment (cars), that also means they are not employees.

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Re:Highest French court reclassifies Uber drivers as employees by reaperducer on Wednesday March 04, 2020 @03:49PM (#22487921)

Since Uber drivers are using their own equipment (cars), that also means they are not employees.

This is not true. There are plenty of professions where employees bring some or all of their own equipment.

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Re:Highest French court reclassifies Uber drivers as employees by WalterBright on Wednesday March 04, 2020 @04:51PM (#22488539)

It is just one of the criteria. There are several.

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Re:Highest French court reclassifies Uber drivers as employees by weego on Thursday March 05, 2020 @04:01AM (#22492047)

And none of the other criteria fit, so it's a moot point

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Re:Highest French court reclassifies Uber drivers as employees by ElFitz on Wednesday March 04, 2020 @04:15PM (#22488214)

True. I'm a developer, and I only once got a company provided computer. And one (1) testing device (mobile dev).

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Re:Highest French court reclassifies Uber drivers as employees by 8note on Wednesday March 04, 2020 @08:33PM (#22490104)

do you bring your own servers too?

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Re:Highest French court reclassifies Uber drivers as employees by ElFitz on Thursday March 05, 2020 @02:47AM (#22491710)

No, lucky me. Either I'm doing mobile and don't care wether it's an actual server behind those APIs or a hamster going crazy in it's wheel. Or I'm doing backend, in which case I only do serverless.

One colleague of mine did end up using his own server to run daily data processing and numbers crunching jobs for work though. It also served the internal analytics web UI. Apparently went on for years.

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Re:Highest French court reclassifies Uber drivers as employees by punk-coder on Wednesday March 04, 2020 @03:49PM (#22487922)

Is this different than if I worked as an employee at a pizza restaurant as a delivery driver and I use my own personal car for making the deliveries?

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Re:Highest French court reclassifies Uber drivers as employees by sixstringtheory on Wednesday March 04, 2020 @04:53PM (#22488565)

I have in fact delivered pizzas as a W2 employee, and had to use my own car. While I didn't ask if they'd provide a car for me, because I've never heard of such an arrangement, I highly doubt the answer would've been yes.

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Re:Highest French court reclassifies Uber drivers as employees by Jommi on Wednesday March 04, 2020 @06:55PM (#22489500)

You should be compensated for that. Sounds illegal, at least in Europe.

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Re:Highest French court reclassifies Uber drivers as employees by mac01021 on Thursday March 05, 2020 @07:21AM (#22492932)

I've done the same job. They pay the employee per mile, an amount that is intended to cover fuel and maintenance for a typical car. The rate they pay is presented to you before you accept the position at the company and if it is not agreeable to you then you don't have to take the job.

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Re:Highest French court reclassifies Uber drivers as employees by sixstringtheory on Thursday March 05, 2020 @08:51PM (#22500366)

As mac01021 said, they do pay a commission, but you aren't going to get that job or the commission unless you already have a car.

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Re:Highest French court reclassifies Uber drivers as employees by mac01021 on Thursday March 05, 2020 @07:32AM (#22492989)

I've worked as a W2 employee delivering pizzas in my own car.

I was definitely an "employee", if anyone is.

Crucially, this meant that I had to work the hours specified by my boss and make whatever deliveries he specified during that time period, else risk being fired.

In my opinion this was a very sensible arrangement. It was a good job and paid my college tuition. And pizza demand varies widely from time to time. It would be silly for the company to maintain a fleet of cars large enough for peak demand and then leave them in storage most of the time.

I've also worked as a software engineer, on salary, with a contract forbidding concurrent employment elsewhere, but done all the work on my own computer.

In light of the above, I don't think ownership of equipment is necessarily a meaningful consideration.

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