Re:Highest French court reclassifies Uber drivers as employees
by jiveturkey on Wednesday March 04, 2020 @07:01PM
(#22489557)
> I just don't agree with the criteria of the court in this case.
Well it isn't a personal opinion is it? The court presumably knows what the legal criteria for self-employment are. Unfortunately, the single page lay summary presented as TFA doesn't go into detail as to chapter and verse of the definition, but as it is the high court I think it's safe to assume they have it right.
The criterion of the link of subordination breaks down into three elements:
- the power to give instructions
- the power to control the execution
- the power to sanction non-compliance with the instructions given.
As for self-employment, it is characterized by the following elements: the possibility of building one's own clientele, the freedom to set prices, the freedom to set the conditions for the performance of the service.
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By these definitions, it does seem clear that the Uber-driver relationship is one of employment.
Well it isn't a personal opinion is it? The court presumably knows what the legal criteria for self-employment are. Unfortunately, the single page lay summary presented as TFA doesn't go into detail as to chapter and verse of the definition, but as it is the high court I think it's safe to assume they have it right.
EDIT: more detail https://www.courdecassation.fr/jurisprudence_2/notes_explica...
To wit:
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The criterion of the link of subordination breaks down into three elements:
- the power to give instructions
- the power to control the execution
- the power to sanction non-compliance with the instructions given.
As for self-employment, it is characterized by the following elements: the possibility of building one's own clientele, the freedom to set prices, the freedom to set the conditions for the performance of the service.
====
By these definitions, it does seem clear that the Uber-driver relationship is one of employment.