Highest French court reclassifies Uber drivers as employees

Post by Shivetya » Thu, Mar 05, 2020, 1:27 AM UTC

andrewla wrote: post #188

alistairSH wrote: post #102

Earlier quoted context omitted.

In your shed example, a builder could contact you and negotiate the price (perhaps the $100 price you set is completely unrealistic). That's not possible with Uber - there is no price negotiation - only declining/accepting a ride. Similar argument for changing toppings on a cake - a caterer can negotiate changes to the cake - an Uber driver has no such flexibility. Regardless, given corporate (human?) nature is to le…

I think the strongest argument against this point of view is that the drivers can opt to work for multiple car services to get a handle on their price structures. It's certainly possible for a traditional employer to allow that arrangement, but you have to admit it is an uncommon thing. It's much more analogous to a contractor working for a general contractor -- if I'm a plumber I can take gigs from multiple general…

Post by 8note » Thu, Mar 05, 2020, 1:30 AM UTC

rpvnwnkl wrote: post #341

AnthonyMouse wrote: post #320

Earlier quoted context omitted.

Neither can a contractor build a gazebo for one client at the same time as they're building a gazebo for a different client. But there is a difference between getting paid for hours and getting paid for tasks.

Rideshare drivers are paid by the task, but that task is time-bound. Building a shed isn't. You can take on two shed contracts simultaneously, not so as a rideshare driver.

Post by 8note » Thu, Mar 05, 2020, 1:35 AM UTC

xg15 wrote: post #241

username90 wrote: post #208

Earlier quoted context omitted.

Just because the process is automated doesn't mean that no negotiation is taking place. Uber drivers negotiate all the time, every time they shut down the app due to rates being too low at the moment they negotiate. So Uber is forced to set rates at levels where they have enough drivers and enough passengers. It isn't like a job where if you just stop working they will fire you, you can drop in and out of uber whenev…

Refusing a take-it-or-leave-it offer is not negotiation. > Then the next day he sees that Burger king pays more Why would it be in the interest of Burger King to do that?

Post by lazyasciiart » Thu, Mar 05, 2020, 1:38 AM UTC

Consultant32452 wrote: post #235

alistairSH wrote: post #131

Earlier quoted context omitted.

I'd argue that in the builder-app, the builder has now been transformed into an employee, same as an Uber driver. To me, "setting prices" is more than just refusing/accepting prices set by an algorithm/app, but the ability to negotiate those independently. In the cake example, a baker absolutely could attempt to negotiate for chocolate. They might not "win" the negotiation, but they have the option. Edit - in the tax…

Home Depot sets prices for services like carpet install. They sub it out to various installers. AAA subcontracts out to local tow operators to provide nationwide coverage. Huge segments of the economy would fall apart of we made all of those kinds of people employees.

Post by 49531 » Thu, Mar 05, 2020, 1:40 AM UTC