The Court rejected the appeal of the company that asked to be considered a contact platform for drivers and travelers
The American company argues that those who work with its application maintain control over when they work and which clients they accept
The Swiss Federal Court has confirmed a ruling according to which the American home delivery company It must be treated as an employer and not a mere contact platform for drivers and travelers as the firm defended. The ruling rejects Uber’s attempt to overturn the verdict of a Geneva court.
“According to the Federal Court, the cantonal court did not arbitrarily rule that Uber drivers working in Geneva had an employment relationship with Uber BV. The Federal Court dismisses the corresponding appeal,” he said in a statement accompanying the verdict.
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The Geneva cantonal authorities described it as a “historic decision” and added that it will serve as jurisprudence for all the Swiss cantons.
The case dates back to 2019, when the canton decided to classify Uber as an employer, forcing it to pay social benefits to its drivers in order to continue operating.
In reaction to the decision Friday’s court hearing, Uber said the ruling fails to take into account the fact that “drivers don’t want to be employees.” It confirmed that it has no choice but to temporarily suspend its services in Geneva.
The US company argues that those who work with its application maintain control over when they work and which clients they accept.
The company intends to “resume contacts with the authorities to find an acceptable solution for everyone”, adding that its activities in other cantons are not directly affected.
The travel company, founded in 2009, has caused some controversy since its arrival in Switzerland in 2014. In other cantons, such as Zurich, Geneva and Vaud, other similar court decisions have been made about Uber, related to individual litigation, labor law and social security issues. There are other court cases pending.
But this case was decided in a Federal Court, so it could mean leaving the country with service.
An Uber Eats food delivery courier rides an electric bicycle in Geneva, Switzerland, on February 6, 2020 (REUTERS/Denis Balibouse)
The California-based company, whose ride-sharing service has expanded around the world, is accused in many countries of flouting national labor protection standards and avoiding collective bargaining with self-employed drivers.
In another ruling on the Uber Eats food delivery service, the Federal Court last Friday upheld an appeal challenging if the company was a recruitment service, as the Geneva authorities had decided in 2019.
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