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Deliveroo sentenced in France for hidden work, a first

2020-02-07T08:35:30.955Z


The company does not rule out appealing.


The Deliveroo meal delivery platform was condemned for concealed work following the requalification of the service contract of one of its couriers into an employment contract, a first in France. A bicycle delivery man who worked for Deliveroo from 2015 requested the reclassification of his service contract into an employment contract. " It was a very long fight , started in 2016, " his lawyer Kevin Mention told AFP.

Read also: Deliveroo at war with its delivery men

A separating judge of the Paris industrial tribunal condemned Deliveroo for concealed work, according to the decision consulted by AFP. " This is a first against Deliveroo in France, " said the lawyer. Justice " recognized that the fact of obliging the courier to have a contract for the provision of service was a will to defraud the labor code on the part of Deliveroo and condemned the company to pay 30,000 euros to the deliveryman ", according to Me mention. " This is the first case of requalification in France for Deliveroo ", confirmed to AFP a spokesperson for the British platform. " We will review this decision and possibly appeal, " he added.

Launch of around fifty procedures

" The delivery people tell us they want to choose when, where and if they want to work and that's what we allow them to do, " says Deliveroo. " This 2015 case relates to our old model, " continued the spokesperson. The contractual conditions at Deliveroo have since evolved, couriers being paid on delivery with variable costs depending on the time and distance of each delivery, and no longer on time. The independent status of the couriers of Deliveroo and its competitors is disputed in many countries, and several court decisions have already ruled in favor of the deliverers.

In Belgium, the delivery platform is accused of not paying social security contributions for the thousands of couriers it employs in the country. In Spain, the courts have estimated that Deliveroo passed hundreds of delivery men as self-employed workers who should have been declared as employees, thus avoiding paying 1.2 million euros in social security contributions. In France, Kevin Mention intends to " launch around fifty industrial tribunal proceedings against Deliveroo as well as proceedings against Frichti and against Stuart ".

Read also: Deliveroo launches health coverage for its deliverers in France

It already lists " around sixty requests for requalifications validated " by the industrial tribunals in France against Take Eat Easy, platform liquidated in 2016, " and still a hundred pending procedures ". Foodora, which is no longer active in France, is subject to “ around 90 procedures ” on its part. The Mobility Orientation Law (LOM), adopted at the end of 2019, has set up a base of obligations (right to disconnect and transparency in the price of shopping) for electronic platforms for connecting with VTC drivers ( Uber, Kapten, etc.) and couriers. On the other hand, the Constitutional Council partially censored an article which prevented a judge from reclassifying the employment of self-employed workers in the service of these platforms as an employment contract.

Source: lefigaro

All business articles on 2020-02-07

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