Ruling on March 4, 2020
Authority: Court of Cassation (Cour de Cassation)
Parties: Uber France SAS, Uber BV/Mr. X
Subject: The contractual relationship between Uber and a driver has been defined by the French Court of Cassation as an employment contract.
Summary of facts: Drivers who use the Uber application do not build up their own clientele, do not freely set their rates, and do not determine the terms and conditions of providing their transportation service. The company imposes the itinerary and the driver’s fare is adjusted if this itinerary is not followed. The destination is unknown to the driver, thereby revealing that the driver cannot freely choose the route that suits him/her.
In addition, if the driver has declined more than three rides, Uber may temporarily disconnect the driver from its application. In cases where an order cancellation rate is exceeded or if ""problematic behaviour"" is reported, the driver may lose access to his/her account.
Lastly, the driver participates in an organised transportation service for which Uber unilaterally determines its terms and conditions.
Legal question: Can Uber drivers be qualified as employees of Uber?
Considerations: When a driver connects to the Uber digital platform, a relationship of subordination is established between the driver and the company. Hence, the driver does not provide services as a self-employed person, but as an employee.
Ruling: The Court of Cassation ruled that the Uber driver Mr. X is an employee of Uber.