Case No: 39351/2021
Ruling on August 18, 2021
Authority: Juzgado Nacional del Trabajo
Parties: José Luis Bolzan / Cabify S.A.
Subject: Employment status between parties
Summary of facts: Cabify is an online platform via which people can rent a car and driver to drive them around the city. José Luis Bolzan (the driver) worked for Cabify. After the driver is dismissed by Cabify he claims compensation and salary based upon the fact that there was an employment relationship between parties. Cabify denies existence of an employment relationship and claims there was a commercial relationship. Cabify therefore refuses to pay the requested compensation and salary.
Legal question: Does a contract of service or a contract for service exist between the parties?
Considerations: The court considers that the presence of an employment contract must be established by what parties do and not by what parties said. The fact that the driver extended payment, the vehicle is not the driver’s property and parties signed a commercial contract are not decisive for the purposes of qualifying the labour relationship. Importantly, the law presumes that an employment relationship exists between parties unless proven otherwise. The party who asserts otherwise must prove his stance. Aside from some formal aspects Cabify did not explain why no employment relationship exists between parties. Consequently, the judge ruled that the driver worked on the basis of an employment contract.
Ruling: An employment relationship exists between Cabify and its driver. Therefore, his claims are granted.