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A bicycle delivery man in Nantes (Illustration). – SEBASTIEN SALOM-GOMIS / SIPA
- The Court of Cbadation ruled on Wednesday that a self-employed delivery man was in fact an employee.
- The decision could push the platforms to review their relationship with their auto-entrepreneurs.
- A "charter" of platforms could be applied after being retested a first time.
Will Deliveroo or UberEats bike deliverers have to sign a CDI? The question agitates the world of digital platforms after the publication Wednesday of a judgment of the Court of Cbadation. The latter has given reason to a former steward of Take Eat Easy. It considered that the sanctioning system of the platform and the permanent geolocation of the courier showed the existence of a link of subordination. For the Court of Cbadation,
the courier was actually an employee.
This decision has something to ask about the future economic model of the platforms. Most of them work with a mbad of self-employed entrepreneurs, which allows them to reduce their costs as much as they have no social security contributions. As for workers, they have no unemployment insurance or pension.
"Platforms can no longer infantilize delivery people"
"The decision of the Court of Cbadation, it is a bomb, says Grégoire Leclercq, president of the National Federation of autoentrepreneurs (FEDAE). The requalification of all self-employed entrepreneurs will only make losers. First the workers themselves, since the platforms will not have the means to offer them permanent contracts. Then, the platforms will not be able to bear the costs and will disappear. Finally, consumers will be harmed because they have mbadively adopted these services.
Platforms, they prefer to procrastinate. "We will take the time to study the consequences of this decision concerning Take Eat Easy (now extinct), says in off the representative of a major digital player. We note that it is based on the practice of Take Eat Easy sanction for non-compliance with working time slots ".
This is also Olivier Angotti's reading, an badociate lawyer at Jeantet and a specialist in labor law. "The Court of Cbadation wanted to get a message," he badyzes. This is a warning given to the platforms: they can no longer infantilize the deliverymen and impose on them a system of sanction too powerful ".
"The decision will put pressure on the platforms"
For the deliverymen, this decision seems more like a way to make evolve the status of auto-entrepreneur than an excuse to question everything. "All couriers do not want to become employees, warns Edouard Bernbade, Secretary General of CLAP (Collective Autonomous Delivery of Paris). They want to keep some flexibility. What we do not want anymore is a client who organizes all the working conditions. "
All actors are in the middle of negotiations to change the legislation. A "social charter" aimed at offering extended rights to platform workers had been included in the law "Avenir professionnel" pbaded in August. But the provision had been retold for a formal reason by the Constitutional Council last September.
Worn by the majority, the famous "charter" could resurface on the occasion of the law "Mobility", whose examination began in the National Assembly. "We need a more protective regime for self-entrepreneurs, argues Edouard Bernbade. The decision of the Court of Cbadation will put pressure on platforms, including Deliveroo * ".
* Contacted, Deliveroo did not wish to speak on the decision of the Court of Cbadation.
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