In an eagerly awaited judgment handed down on November 28, 2018 that will be undoubtedly become a landmark decision, the Labor Chamber of the Cour de Cassation (French Supreme Court) ruled for the first time on the legal classification of the agreement between a delivery rider and a digital platform.
While the majority of the lower courts asked to adjudicate similar cases were reluctant to recognize the existence of an employment relationship, the Labor Chamber curbs such reluctance and bites the bullet: Yes, it is possible to reclassify such agreement as an employment contract if it follows from the factual conditions in which the professional activity is carried out that the existence of a subordination link can be established.
The interests of companies undoubtedly lie at the heart of the reform of the French Labor Code introduced by the so-called Macron Ordinances of September 22, 2017. Driven by the concept of “flexicurity”, the objective of the Government was to give more freedom and security to both companies and employees.
In this context, how to offer companies a more secure framework whereas French labor law is internationally known for its complexity, its rigidity and its large corpus of rules? One of the solutions adopted by the Government is to help better assess a risk so feared by French and foreign businesses: The litigation risk.
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