For the first time, the Court of Cassation considers a bicycle deliveryman as an employee

For the first time, the Court of Cbadation considers a bicycle deliveryman as an employee

Job.

The Court of Cbadation delivered this Wednesday a decisive stop in the battle of the deliverymen by bike (Deliveroo, Uber Eats …) who want to see recognized the salaried nature of their work. "The bond of subordination is characterized by the performance of work under the authority of an employer who has the power to issue orders and instructions, to supervise its execution and to punish the failings of his subordinate ", emphasizes the Court. She was seized of the case of a delivery man of Take Eat Easy (who has since filed for bankruptcy) who requested in April 2016 a requalification of his contract in employment contract.

According to the judgment, there are two elements which confirm the existence of a relationship between employer and employee between the company and the delivery person: "The application was equipped with a geolocation system allowing the company to monitor in real time the position of the courier and the counting of the total number of kilometers traveled by it" and "The company Take Eat Easy had power of sanction with regard to the courier", with a system of penalties that can lead to exclusion. In the eyes of the Court of Cbadation, the Paris Court of Appeal, which had estimated in April 2017 that the case had nothing to do before the labor courts in the absence of a contract of employment, violated Article L8221-6 of the Labor Code. She returns the file.

(AFP photo)