For several months now, many VTC drivers have publicly expressed the difficulties they may encounter in the exercise of their activity. At the heart of the demands, a situation of economic dependence on the giants of the sector and revenues drawn downwards.
More and more VTC drivers are therefore suing matchmaking platforms in court.
These dissenting drivers, who operate under the status of self-employed, believe that they are in a relationship of subordination and in a situation of economic dependence on these platforms, and request the reclassification of their commercial contract into an employment contract.
The first decisions, and sometimes their share of condemnations, are beginning to come.
A remarkable decision was thus rendered by the tie-breaker panel of the PARIS Labour Court on 20 December 2016, at the end of which a driver obtained the reclassification of his self-employed status into an employment contract against the digital networking platform.
In this case, the labour courts noted the existence of a relationship of subordination by noting in particular that the drivers received orders from the matchmaking platform concerning the behavior to adopt towards customers, their clothing and even their working hours.
The advisers also noted that the VTC driver was prohibited from using a competing platform and was prohibited from “marauding”, which placed him in a situation of economic dependence on a single platform since he could not develop his own clientele.
Drawing the consequences of its findings, the Labor Court granted the driver's request to be reclassified as an employment contract and condemned the digital platform to important reminders of salary, paid leave, meal and costume allowances as well as compensation for hidden work.
This decision is in line with the position of the PARIS Labour Court in this type of case and recalls that recourse to freelancers or subcontractors must be carried out in compliance with certain fundamental rules in order to avoid any risk of conviction.
Especially since the URSSAF also intend to have their share of the pie and are trying to obtain the reclassification of self-employed contracts as employees in order to obtain the payment of social security contributions based on the remuneration of the drivers...
Platforms for connecting drivers with customers, but also all companies operating on this economic model, therefore have every interest in making sure to limit as much as possible the restrictions provided for in their commercial contracts in terms of the development of a distinct clientele as well as the independence of drivers in the performance of their duties.
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