“Adjustment variables” couriers, “fictitious legal skin”: judgment that condemns Deliveroo France

The Criminal Court of Paris condemned, Tuesday, April 19, the platform and three of its former leaders for “concealed work.” It is the existence of a “permanent subordination link” between Deliveroo and the 2015 couriers at 2017.

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On the Deliveroo France homepage will be displayed for one month, the following mention: “The SAS Deliveroo France, taken in the person of its legal representatives between April 2015 and December 2017, was sentenced for the Time of work concealed with the payment of a delicate fine of 375 000 euros and to indemnify in respect of the prejudices undergoing the deliverymen who were actually his employees. “This publication, of immediate application, was required, Tuesday, April 19 by the Criminal Court of Paris, whose judgment constitutes the first criminal decision on “uberization” of work.

The Tribunal considered that the Organization put in place by the Company over a period of 2015 to 2017 constitutes indeed a voluntary impairment to the law of labor, through the use of thousands of officially independent couriers but, in reality, subordinated to the platform. These deliverers, believe the judges, were only “an adjustment variable for having a suitable and reactive fleet facing the number of orders recorded each day. Only the very high flexibility generated by the delicit practices committed and imposed ensured The durability of the model. “A system that allowed Deliveroo to evade, behind” a fictitious legal skin “the social contributions that the company should have paid to the state.

The judges followed the requisitions pronounced on March 16 by Prosecutor Céline Ducournau. In addition to the company Deliveroo France, two of its former leaders, Adrien Falcon and Hugues Decosse, were sentenced to a one-year sentence with a stay and 30,000 euros of fine, accompanied by the prohibition of directing a company for five years . A four-month sentence with reprieve and a fine of 10,000 euros was retained against Elius de Moustier. The Company and the three defendants have also been dealing jointly with the payment of damages for all the couriers which had been a civilian party – approximately 120 – which are allocated amounts of 1,000 to 4,000 euros in respect of their civil or moral prejudice. They will also have to pay damages to CGT, South, Union Union Union Solidaire and National Light Transport Union, as well as the URSSAF.

Imposed constraints

The judgment sweeps the argument supported throughout the warning by the defendants that Deliveroo France would be only a “connecting platform” and not a service company. Judges report that, unlike other property sales platforms (VINTED or EBAY) or service supplies (Airbnb), which connect two natural persons in the final transaction, the Deliveroo organization excludes any direct contact between the restorer and the end customer, the platform loading from the delivery.

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/Media reports.