Can the VTC driver using a digital platform be an employee?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
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A driver of a VTC, using a digital platform to be put in contact with customers, is employed by that platform from the moment that the latter gives him instructions, controls the execution of the races carried out, and exercises a power of sanctions.
A driver's account was deactivated by the platform he used to connect with customers for not following a directive he had accepted when registering.
He applied to the courts to have his employment relationship reclassified as an employed person because of the presumed existence of a relationship of subordination.
For its part, the platform believes that its drivers have a freedom incompatible with such a link. However, it does not see how this freedom prevents it from verifying that a driver complies with the applicable regulations. And when he does not respect the instructions given when he registers, she believes that she can suspend or deactivate her account, without this characterizing a disciplinary power.
The Court of Cassation disagrees. It agrees with the Court of Appeal that the restrictions imposed by the platform on the freedom of its drivers (in particular in terms of fares or choice of suppliers) characterize a link of subordination.
The existence of an employment contract is therefore established.
