France’s Cour de Cassation has decided that delivery riders for the meal delivery service platform, Take Eat Easy, are indeed workers, and not autonomous workers, irrespective of the fact they can choose their working time independently. The court held that as soon as they sign on for a "shift" they are under the control of and subject to sanction by the platform and as such they are to be considered as workers. This court ruling was handed down on 28 November.
The Court of Appeal denied the claimant that this relationship with the platform was an employment relationship. According to its decision, even if the rider is subject to a performance related compensation and sanctions, he/she can chose whether or not to work, and is free to choose his/her working time. The contractual relationship does not intend for any obligations as regards this aspect and the rider is only subject to obligations from the moment he/she signs up by himself/herself to take
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