Drivers di Uber: confermato che si tratta di workers e non di self-employed

Abstract

The last November the 10th 2017, the Employment Appeal Tribunal of the United Kingdom confirmed the Employment Tribunal of London judgment of October 2016: Uber drivers are workers, whitin the meaning of art. 230 (3) (b) of the Employment Rights Act. The second istance judgement remove any doubts about the agency relationship between Uber and drivers, moreover the instance decides and confirms that drivers work for Uber because they are subjected to control and directives of the platform itself. In particular, appeal judgement defines drivers availability to accept trips offered by Uber as working time whenever two conditions occurs: they stay within the territory in which they were authorised to work by Uber and whenever they have the app switched on. So, appeal judgement offers us an interesting reflection about working time and workers availability, distinguishing from the european judgement.

Keywords

• Uber
• worker status
• working time
• availability