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Federal Labor Court: Employed couriers are entitled to a company bike and mobile phone

2021-11-10T14:38:07.319Z

Couriers with delivery services often use their private bike and mobile phone for business trips. That is not legal, decided the Federal Labor Court.



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Bicycle couriers have a right to service equipment

Photo: Michael Kappeler / picture alliance / dpa

Food suppliers such as Gorillas or Flink are in tough competition for customers - and save in all areas.

You therefore ask your messenger to deliver the food on their own bike, navigate on their private smartphone and process the payment.

Judgment leaves questions unanswered

The Federal Labor Court in Erfurt has now decided that this is not legal. Food delivery services must provide their bicycle couriers with a bicycle and a mobile phone as work equipment (5 AZR 334/21). Contractually agreed exceptions are possible. However, if these are written into the general terms and conditions, couriers must receive adequate financial compensation for using their own bikes and cell phones. “The question will now arise in each individual case, what does appropriate mean. One would have wished for more clarity, «says labor lawyer Michael Fuhlrott from Hamburg. The Federal Labor Court follows a judgment of the Hessian State Labor Court from March.

A bicycle supplier had sued who received his orders via smartphone app and was credited with a flat-rate repair fee of 25 cents for his bicycle for every hour worked. However, he could only redeem this with a fixed contractual partner. This regulation was made in the general terms and conditions of the contract. The supplier complained about getting a roadworthy bicycle and an internet-enabled mobile phone. The employer wanted to dismiss the lawsuit, arguing that riders owned a bike and cell phone anyway and would not be overburdened by their own use.

The Hessian state labor court upheld the driver's complaint in March.

The provision in the contract relieves the delivery service of acquisition and operating costs, while the risk of wear and tear or damage lies entirely with the driver.

There was no adequate compensation for this, since the rider is not free to choose a bicycle repair shop, for example.

No financial compensation whatsoever is provided for the use of the cell phone.

The complaining driver could therefore insist on a cell phone and bicycle provided by the employer.

The Federal Labor Court has now followed this line of argument.

flg / dpa

Source: spiegel

All business articles on 2021-11-10

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