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Are self-employed drivers self-employed or employed and does Uber pay social security contributions for its drivers? Uber won a partial victory in this dispute before the Zurich Social Security Court. The court refers the case to Suva.
Car Service via Uber App. The Zurich Social Security Court has not decided whether drivers are independent or dependent. (Photo: KEYSTONE / CHRISTIAN BEUTLER)
(nda)
Suva had categorized the activity of Uber drivers as having paid employment and refers to Uber Switzerland GmbH as a "business". Contributing employer, as announced Monday the Social Court. On the other hand, Uber had complained
However, the subject of the lawsuit was not only whether Uber drivers were independent or employed, but especially if Uber Switzerland GmbH was an employer. About the verdict reported "10vor10" of the Swiss TV SRF in a preliminary unsubscription.
Uber had argued in the complaint that Uber B.V., a Dutch law company, pilots Uber App available. It collects the price on its behalf and transfers the amount to the drivers after deducting the agreed percentage. Switzerland only provides marketing and support activities to other Uber group companies
Ineffective argumentation
Suva is notably based on the registration in the commercial register from Uber Switzerland GmbH. The court described this as "ineffective". From a trade register, it is not possible to conclude to the existence or the nonexistence of a concrete and individual working relationship.
In addition, the article does not indicate that Uber Switzerland intends to employ drivers or provide travel services. There is no contract between drivers and Uber Switzerland in the case.
Given the antecedents, it is not possible to determine whether there is a contractual relationship between Uber Switzerland and the drivers involved. On the contrary, it seems likely that a contractual relationship between Uber B.V. or Rasier B.V. Operations and drivers, as the court writes in the message. These are the two companies based in Amsterdam.
Suva must now identify the company that qualifies as an appropriate employer before deciding on the qualification of drivers as independent or dependent. The facts require a thorough clarification, as stated in the judgment. Suva has to pay 1250 francs each to Uber Switzerland GmbH and Uber B.V.
A complaint can always be lodged with the Federal Court against the judgment.
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