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Highest French court reclassifies Uber drivers as employees

courdecassation.fr

331–340 of 602 posts

Re: Highest French court reclassifies Uber drivers as employees

#331

Earlier quoted context omitted.

why does the government need to bend backwards to allow underpaid jobs ?

If people voluntarily choose those jobs then doesn't that mean those jobs are better than the alternatives they have? It also provides a pretty nice service.

More like: "If people voluntarily choose those jobs then doesn't that mean that any alternatives that aren't even worse have been replaced with ones that are even worse, because the government allows such replacement?", actually.

Re: Highest French court reclassifies Uber drivers as employees

#332
post #251
post #96

> The criteria for self-employment include the possibility of building up one's own clientele, the freedom to set one's own rates, and the freedom to set the terms and conditions for providing one's services. Immediately I'd seem to agree with this statement. I think of typical self-employment businesses; hairdressers, freelance developers, etc and this seems to apply. You can set your own rate and your own terms, ev…

> I publish an ad on a handyman site asking for a new shed built for £100. People can place their interest and their proposal. The price is fixed at £100, and I may set other terms and criteria. You have satisfied all the criteria for self employment: - The handyman can build their clientele - they are free to select whichever proposals interest them without restriction. - The handyman can set their own rate - there…

> There is no free market of proposals

Drivers are free to accept or decline any ride requests around them. How is that not a free market of proposals? Pretty much every driver I met used multiple applications, Uber, Lift, Juno. I don't know whether or not any Uber drivers would stop for someone just flagging a cab on the street the old fashioned way.

> Uber sets the terms and conditions

There are always terms and conditions. If your handyman needs to do something to your power circuitry, he had better be a licensed electrician. The catering that puts icing on your cake, better pass a health inspection. And your cab driver better have a driver's license. All of these are pretty much take it or leave it restrictions.

> it would have to allow drivers and riders to post proposals, set their own terms and prices and freely select from available offers

No taxi service I know of works this way. Because you want your fares to be at least somewhat predictable and your incentives are aligned very different from driver's incentives.

Re: Highest French court reclassifies Uber drivers as employees

#333

Earlier quoted context omitted.

Do they work with limited supervision? The company imposes the itinerary and the driver’s fare is adjusted if this itinerary is not followed. The monitoring is automatic instead of having a boss peering over your shoulder.

Fares are not adjusted for drivers if they don't take a ride. Rides are provided to the driver because the company believes they are the best driver for the job (closest, maybe they have preferences to go in that direction) source: work for lyft.

This is a different point that the one I made.

Re: Highest French court reclassifies Uber drivers as employees

#334
I'm self employed. I really strongly prefer it. I don't want to be an employee thanks. Yet my government (UK) are also trying to ban it (IR35). Why is it so hard for people to understand: I prefer cash to "secure employment", I'm old and mature enough to make that decision?

I didn't even know I was this right wing...

Re: Highest French court reclassifies Uber drivers as employees

#335
post #315

Earlier quoted context omitted.

> With Uber want to work? Press a button. Want to take a break? Press a button. Want to work again? Press a button. Take as long a break as you want. Work as long as you want. No timecards. No obnoxious coworkers. No intrusive questions. No douchebag bosses making your life a living hell. In what other job do you have this sort of freedom without the instability of traditional selfemployment? What more could you ask…

What below minimum wage rates? In most of Uber's markets the price is based on supple and demand, and the drivers get a portion of that price. It's a market driven scheme where you agree to driving at that price. If you don't agree, then just change platforms, or don't drive!

Just eat cake!

Re: Highest French court reclassifies Uber drivers as employees

#336

Earlier quoted context omitted.

In Brazil the federal law L12468 [1] regulates the taxi driver profession. The federal law L8078 [2], known as the Consumer Protection Code, protects (as the name says) the consumer in any transaction, be it products or services. The section 39 subsection 9 states that: "Art. 39. É vedado ao fornecedor de produtos ou serviços, dentre outras práticas abusivas: [...] IX - recusar a venda de bens ou a prestação de servi…

I find it amusing that in the course of chiding me for allegedly assuming laws are the same in all countries you assumed I'm American (I'm not). I'm a taxi driver speaking generally about the differences in our job vs. Uber drivers. I will now step back and let the software developers argue about things they know nothing about.

[deleted]

Re: Highest French court reclassifies Uber drivers as employees

#337
post #185
post #96

> The criteria for self-employment include the possibility of building up one's own clientele, the freedom to set one's own rates, and the freedom to set the terms and conditions for providing one's services. Immediately I'd seem to agree with this statement. I think of typical self-employment businesses; hairdressers, freelance developers, etc and this seems to apply. You can set your own rate and your own terms, ev…

Is employee and 1099 the same? Because almost every 1099 contractor is restricted in the ways listed. For example, I was doing work for a Digital Marketing company as a software developer. I could not: 1. Take their clients 2. I had to accept their rate or just decide to not work with them 3. I accepted their terms and conditions for jobs allocated to me from them #2 and #3 seem to be more of an issue of negotiating…

Mis-classification of employees is very common in the U.S. for tech, if you work on a company laptop and work a full time schedule for 1 client, you're likely mis classified.

Similarly, many nannies and cleaners are mis classified.

Re: Highest French court reclassifies Uber drivers as employees

#338

Earlier quoted context omitted.

Don’t assume that US wage slave practices are universal. Most of the developed world has very strong worker protections and a recognition that mental health and flexible working is important. We can provide jobs with good benefits, flexible hours, accommodations for parents etc without resorting to the employment model Uber trumpets. The EU proves this is possible (it’s far from perfect, but empirically better than t…

Then you get less innovation, less productivity, and less upward mobility. Don't pretend there isn't a cost. Goofing off in your cubicle and then going off to a picket line to keep your UBI isn't real independence. The future lies in something greater than the wageslave model of America or the dependency model of Europe.

[deleted]

Re: Highest French court reclassifies Uber drivers as employees

#339

How many people cheering this are still paying the plumber that fixed their toilet a year ago a salary?

My plumber is an actual independent worker, setting his own rates, having his own clientele and free to organize his work as he sees fit.

Re: Highest French court reclassifies Uber drivers as employees

#340

Earlier quoted context omitted.

Then you get less innovation, less productivity, and less upward mobility. Don't pretend there isn't a cost. Goofing off in your cubicle and then going off to a picket line to keep your UBI isn't real independence. The future lies in something greater than the wageslave model of America or the dependency model of Europe.

Empirical evidence suggests otherwise. For productivity the US trails behind most EU countries and the EU as a whole [1] Same again for social mobility, US trailing badly [2] So if the cost of the EU model is higher productivity and social mobility, then I’m all in. As for innovation, that’s harder to comment on. But the success of US tech companies is certainly notable. [1] https://data.oecd.org/lprdty/gdp-per-hour-…

I agree lets look at this empirically. Or as close to it as we casually can. Lets take the top 3 results for Googling "productivity nation" (without quotes) where we can easily get a list to avoid cherrypicking.

https://collectivehub.com/2018/02/15-of-the-worlds-most-prod...

Lists US as 6th ahead of most European countries

https://time.com/4621185/worker-productivity-countries/

US is 5th ahead of most European countries

https://en.wikipedia.org/wiki/List_of_countries_by_GDP_(PPP)...

US is 3rd ahead of most European countries. (I think this is a slightly more trustworthy number because its simpler and less prone to monkeybusiness like adding 'worklife' balance into the equation like other figures do.

So yes the empirical evidence seems to indicate that the US model is ahead of the EU in general. Its not the best but then again I never said that employment models is the be all end all of everything productivity.

Let's look at mobility, when I say upward mobility. I don't mean simply making do or even living adequately. I mean being ambitious and actually breaking out and being very successful and maintaining it. One straightforward way is to look at USD millionaires per capita.

https://www.statista.com/statistics/262687/countries-with-th...

US is 3rd ahead of all the EU.

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