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The Court of Cbadation, the highest French court, established Wednesday, November 28 a link of subordination between the defunct meal delivery company Take Eat Easy and one of his couriers bicycle. This is the first time she status on the contractual relationship between a deliveryman and his digital platform. The takers of Take Eat Easy were registered as autoentrepreneurs, a mandatory condition to work with the Belgian platform TEE, whose liquidation in August 2016 put 2,500 people in France. All had signed a service contract with the application. This decision, which opens up the requalification into wage labor, could undermine the entire economic model of the sector.
One of the deliverymen had seized the prud'hommes to ask for a requalification of his contractual relation with TEE in contract of employment. "The industrial tribunal and then the court of appeal declared themselves incompetent", recalls the Court of Cbadation in an explanatory note. In particular, the Paris Court of Appeal justified its decision by the fact that "The courier was not linked to the digital platform by any exclusivity or non-competition link and he was free every week to determine himself the time slots during which he wanted to work or not. select none if he did not want to work ».
"Very important decision"
The Court of Cbadation establishes the contrary, in the judgment rendered Wednesday, that the system of geolocation allowing the company to follow in real time the position of the courier, as well as the existence of a power of sanction do not allow to '"Dismiss the qualification of employment contract". She therefore breaks the judgment of 20 April 2017 by the Paris Court of Appeal and orders a new trial on appeal.
"This decision has the merit of saying things clearly: there is no antinomy between work contract and platform workers", said Manuela Grévy, lawyer of the deliveryman and the CGT to the Court of Cbadation.
"It's a very important decision"reacted Gilles Joureau, a lawyer who defended at the prud'hommes a dozen couriers Take Eat Easy, all rejected. For him, "This judgment crowns a long fight for the recognition of the bond of subordination".
"It's good that the Court of Cbadation finally decides these questions", also greeted Me Kevin Mention, who advises the prud'hommes a hundred former deliverymen Take Eat Easy, "No favorable outcome" for the moment. He also accompanies the criminal complaint against Take Eat Easy by 119 couriers for illegal and secretive work.
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