- The Deliveroo home meal delivery platform was condemned in early February for “hidden work” by the Paris Labor Court. A first in France, recognized the brand.
- Based on favorable case law, the delivery attorney, Kevin Mention, plans to launch about fifty procedures against the platform. He believes that the number of complaints, as well as favorable decisions, could increase.
- It is still necessary to convince the deliverers to take legal action.
Bad pass for Deliveroo. Last Friday, the kitchens of the platform located in the Paris region, in Saint-Ouen, were blocked by twenty deliverers on the occasion of Valentine's Day, resulting in the closure of the premises. An initiative launched by the collective of autonomous deliverers of Paris (Clap), which also last week claimed a recent victory in another field: the conviction for "hidden work" of Deliveroo by the Paris Labor Council, for the benefit of one of its deliverers.
Could this decision - a first for Deliveroo in France - be repeated? Yes, bet lawyer Kevin Mention. His firm specializes in supporting workers on delivery platforms such as Deliveroo or Stuart, the package delivery platform bought by a La Poste subsidiary. He plans to launch about fifty procedures against Deliveroo with the same objective: to demonstrate that the conditions under which the delivery men work are, according to him, salaried and that they must benefit, as such, from all the guarantees provided for in the Code of work (paid holidays, employment protection, social protection, etc.).
The previous Take Eat Easy
"We see that the context is changing, even if it is long and difficult," said Mention. A court decision marked a turning point: the judgment of the Court of Cassation of November 2018, which dealt with the Take Eat Easy case. If the platform was liquidated in 2016, the decisions leading to the requalification of the deliverers as employees have multiplied since. Of the 190 or so procedures launched against the former start-up, around sixty have already succeeded. "In Paris, Nice or Toulouse, when we get to the judges, they know the case and it's as if it was folded," he said.
Take Eat Easy case law could also be a reference for Deliveroo. “Each society is different and transposition is never completely automatic. But all these platforms operate according to very similar systems, ”explains Emmanuel Dockès, teacher-researcher at Paris Nanterre University and specialist in labor law. In the case of Take Eat Easy, the judges considered that the power to sanction the company and the geolocation of the deliverymen attested to a link of subordination between the platform and these workers. Two criteria that "exist on all platforms," says Kevin Mention.
Deliveroo says he is confident
Deliveroo claims, however, to have "confidence" in its model. "The delivery people tell us they want to choose when, where and if they want to work, and that's what we allow them to do," said the British company. It puts into perspective the conviction pronounced at the beginning of February, declaring that the case judged dates back to 2015 and therefore relates to its “old model” of management of delivery men.
An argument disputed by Me Mention: “The bond of subordination which exists between Deliveroo and the delivery men has been reinforced. At the time, you could connect when you wanted to the platform. Today, if you are a courier and you do not connect on Friday, Saturday or Sunday, you are impacted in accessing the calendar. ”
Six months' compensation, an attractive remedy
In such a context, would the number of complaints be likely to increase? "Following last week's decision, we have had dozens of people who have already asked questions to ask us for the evidence and documents to provide," says Kevin Mention.
“What is innovative in the Deliveroo case is that the company is convicted of covert work, which is an intentional violation of the law. From a financial point of view, this is important because it represents compensation equal to six months' salary, ”explains Emmanuel Dockès. "The result is that it can become quite attractive" and lead to "an increase in litigation," said the law professor.
Long waiting time in court
But still it is necessary that the deliverers file a complaint. However, waiting times in court can discourage more than one. "The procedures are very long in France", recognizes Kevin Mention, taking for example this conviction of Deliveroo, which took four years to succeed. Another problem is financial insecurity. Many deliverers already rely on legal aid or legal protection guarantees to be able to afford the services of a lawyer.
Beyond these practical obstacles, the motivation to take legal action must also be present. However, “there is on the part of a certain number of workers a form of internalization of precarious work. When we internalize the fact that we are on the fringes, that does not push for organization and collective demand, ”says Christophe Degryse, researcher at the European Trade Union Institute. A reality that the Clap wants to take into account, by announcing the creation of a union to better support delivery people.
Not a long-term job
The number of complaints could also be limited due to the profile of delivery people, many of whom see these missions as a side job. “It is rather a profession practiced by young people who see it as an intermittent activity rather than a long-term profession. We do not see couriers "making a career" on platforms ", continues Christophe Degryse, who has just coordinated a study on this type of worker in Europe.
It is also possible that many deliverers still find their account with the platform. A survey - commissioned by Deliveroo - confirms a certain acceptance of the model among the deliverers. In April 2018, two out of three delivery people said they would stop working with the platform if they had to become employees.
Economy
Meal deliverers: the fast-paced race of micro-entrepreneurs
Society
Deliveroo sets up health insurance for its deliverers in France
- Prud men
- Delivery man
- Deliveroo
- Uber
- Economy