The Attorney asked the Tribunal to pronounce the first criminal conviction for “concealed labor” against Deliveroo. It required the maximum fine of 375,000 euros against society, as well as suspended sentences against three of its former leaders.
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Five days of hearing before the Paris Correctional Court allowed to dispel the fog that for seven years surrounds the Deliveroo platform activity and the links it maintains with deliverymen. For the first time, a criminal court is, indeed, to determine whether, yes or no, the organization put in place by the Company over a period of 2015 to 2017 constituted a voluntary damage to the law of labor, by The use of thousands of courses officially independent but, in reality, subordinate to the platform. Until then, indeed exist, only prud’homal, civil, special cases decisions.
Wednesday, March 16, it is a “instrumentalisation with full knowledge of the auto-contractor status” and a “systemic concealment” that the Prosecutor Céline Ducournau denounced, by requesting the condemnation of Deliveroo France to the maximum of the incurred, 375 000 euros of fine, accomplished in accordance with an obligation to publish the decision in the Official Journal and on the home page of the Site Deliveroo, as well as the confiscation of the three million euros, of already, seized during the investigation. She asked for sentences of twelve months of suspended imprisonment and 30,000 euros fine against the two former executives of the company at the date of prevention, Adrien Falcon and Hugues Decosse, and four months suspended against the Ex-Director of Operations, Elie de Moustier.
At the address of the Tribunal, the Prosecure observed: “Your role is not to decide whether the deliverymen were or if they are satisfied with their status. If they feel free or They would have preferred another status. The opinions on this issue are divergent. Your role is to determine whether Delivero’s relationship with its deliverymen establishes a permanent subordination link “, constitutive of the offense of” concealed labor “. At the end of a demonstration as relentless as clear, the representative of the Prosecution called the judges to answer in the affirmative, by removing the “legal fiction” maintained by Deliveroo since his arrival in France in 2015, two years After birth in Great Britain.
A “Link of Permanent Subordination”
This “fiction” rests on two pillars, behind which removes the defense of the defendants. The first is the assertion that Deliveroo would only be a platform for linking customers, restaurateurs and deliverymen. “Deliveroo’s activity fully integrates a delivery company, has objected the prosecutor. Delivers do not perform a service through the platform but with the platform. They are an integral part of Deliveroo.” So much reasons that, according to the prosecutor, make the society indeed be considered a “delivery platform.”
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