Uber drivers are employees for French justice

Text by: RFI Follow

the Court of Cassation recognized on Wednesday March 4 the link of subordination which united Uber and a driver. The highest French jurisdiction therefore requalifies the contract of a former Uber driver into an employment contract. A decision which must set a precedent and which gives hope to the hundreds of other drivers who claim this same requalification before the industrial tribunal.

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It is a first judicial in France. Seized by Uber who challenged a previous decision of the Paris Court of Appeal last year , the highest court has confirmed it, there is indeed a link of subordination of drivers with the connection platform with customers. Because when they connect via the mobile application, the driver's feet and hands are tied. He depends on Uber to find the client and is charged the fare for the ride. He is even punished when he does not meet the conditions set.

The Court found that self-employment was based on several criteria, including " the possibility of establishing your own clientele " and " the freedom to set your rates ". This is not the case for the driver, according to the Court of Cassation, which considers that the status of self-employed is " only fictitious ".

A victory that could appeal to others. According to the VTC unions, a dozen other cases are awaiting judgment. Another setback for Uber, who from California to the United Kingdom is already facing the law to review his relations with the drivers.

The Court of Cassation comes to say that, even if the drivers have the freedom to connect and therefore to choose their hours of work, when they work, they are in a bond of subordination which is not a bond of self-employed with the Uber company.

Sylvie Topaloff, lawyer for several Uber drivers

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