The corporate Uber was condemned on Friday by the commercial tribunal of Lyon to pay some 17 million euros to 139 VTC drivers, a “pretty historic determination”, in keeping with their lawyer, Me Stéphane Teyssier.
Contacted by AFP, the American agency has already introduced its want to attraction.
Lyon drivers had seized the commercial tribunal in 2020 to have the connection that linked them to Uber reclassified as an employment contract. The listening to was held in June 2022 and the council had reserved its determination.
“We had a reasonably historic determination in the present day. Uber has been ordered to requalify the contracts of 139 drivers for an quantity of 17 to twenty million euros,” Me Teyssier instructed AFP, confirming data from the regional every day Le Progrès.
“A conviction of such magnitude is unprecedented in France,” he stated.
The group should pay damages or compensation for numerous breaches of the Labor Code equivalent to dismissal with out actual and critical trigger, hid work, defective execution of the employment contract, unjustified disciplinary sanction or non-compliance with the laws regarding working hours. most working hours and obligatory relaxation time.
The commercial tribunals dominated “on the idea of well-established case legislation from the Court docket of Cassation of January 2020. The Court docket of Cassation thought-about that Uber drivers ought to be thought-about as workers (…) That is the logical software of such case legislation,” stated Me Teyssier.
American society protests. “This determination goes towards the place extensively shared by industrial tribunals and courts of attraction which verify the independence of VTC drivers utilizing the applying, judging specifically that there isn’t a work obligation, nor exclusivity vis-à-vis Uber or that the drivers stay utterly free within the group of their exercise, “commented a spokesperson contacted by AFP, with out giving the quantity that Uber should pay. .
– “Fictional” –
“This deliberation in a manner acknowledges the abuse of a dominant place by Uber, which has acted like a cartel for thus a few years”, reacted the affiliation of impartial drivers from Lyon (Acil) in a press launch, welcoming of a “historic victory”.
For Fabien Tosolini, nationwide delegate of the Union-Indépendants union, “this vital determination permits a rebalancing of the steadiness of energy in a context of negotiations, initiated final September, between the platforms and the commerce union organizations”.
The Court docket of Cassation had acknowledged in March 2020 the existence of a relationship of subordination between Uber and one in every of its drivers, judging that the standing of impartial was “fictitious” and that he ought to be thought-about as an worker.
Later, in September 2021, the Paris Court docket of Enchantment thought-about that the employment relationship between a driver and Uber may “be analyzed as an employment contract” and never as a business relationship.
However, in keeping with Uber, which describes the Lyon determination as “remoted”, requests for requalification as salaried drivers haven’t been profitable in additional than 65% of circumstances (298 drivers not requalified out of 460 requests) for the reason that stoppage of the Court docket of Cassation in March 2020.
“Uber is stunned by this determination however it’s the logical continuation of all the choices which have taken place in Europe, which happen in France”, retorted Me Teyssier.
Uber clarified that “the drivers’ accounts (would) be deactivated upon receipt of the judgment as ordered by the council”.
The standing of self-employed, on which platforms like Uber or Deliveroo base their mannequin, is being questioned in a rising variety of international locations.
“We’re decided to advance the difficulty of the rights of platform staff and satisfied that the appropriate path is that of social dialogue with the representatives of the drivers to construct a mannequin that preserves the flexibleness and independence that they acclaim, whereas guaranteeing concrete enhancements of their working circumstances”, underlined the spokesperson for Uber, which has some 30,000 drivers utilizing its platform in France.