The platform workers

Abstract

In the case determined on 28 November 2018, the French Court of Cassation characterises as a work contract the relationship in place between the Take Eat Easy digital platform and its workers. Entering into a heated argument that assails multiple legal systems, the French judge attributes the status of subordinate workers to platform workers and, consequently, enables them to access a series of rights such as holidays, protections in the matter of social security and guarantees in the event of accidents and unemployment.  

While on the one hand this legal classification of platform workers may prevent forms of exploitation and under-protection also from the point of view of earnings, nevertheless it should not be overlooked that labour and employment relationship law is sometimes feared by the worker for the loss of autonomy it entails.

In this context, however, the compatibility of labour law with the freedom of the employee to choose ways of work performance and time remains to be demonstrated. The application of labour law to platform workers gives this topic the opportunity to demonstrate that it can limit the power of some, entrepreneurs, without reducing the freedom of others, workers.