The Deliveroo meal delivery platform was once again condemned at first instance for concealed work, according to a judgment of the industrial tribunal transmitted this Friday to AFP, which reclassified the service contract of four couriers in employment contract.
One of the cases concerns for the first time acts committed after 2017, beyond the period that the Paris Criminal Court had for its part examined to condemn Deliveroo on April 19. The deliberation of June 3 by the Paris industrial tribunal forced Deliveroo to pay a total of nearly 240,000 euros to the four deliverers, including the record sum of 128,548 euros to one of them, an employee from February 2016 until to April 2019.
The platform will appeal
For the first time, the condemnation of Deliveroo was rendered in a judgment hearing by the employee and employer advisers, without having recourse to the tie-breaking entrusted to a professional magistrate.
The other emblematic file concerns a courier hired at the end of January 2018, who is also chosen by the platform to represent it in uniform on its website.
“Deliveroo will challenge this decision with the Paris Court of Appeal, which has rendered two judgments concerning Deliveroo, both of which are in its favor”, reacted the platform, assuring that it is an “isolated decision” and that , since June 3, “more than ten requalification files examined have gone to the tiebreaker”.
Deliveroo perfectly “aware of the risks” according to the court
The group thus sees it as proof “that there is no new case law from the industrial tribunal which has vindicated Deliveroo on multiple occasions”.
“Deliveroo has implemented a power to control the performance of the service and to sanction the breaches observed”, explains in its judgment the court, recognizing “the existence of an employment contract”.
“Deliveroo France was perfectly aware of the legal provisions in terms of employment and the risk of requalification of the deliverers of fake self-employed as employees”, he continues, specifying that the “geolocation” of the deliverers was “permanent” and that they underwent hiring “a real recruitment procedure”. “The decision rendered relates to an old contractual model which no longer applies today”, still assures Deliveroo.
A second criminal part is in progress for the period 2018-2022
The conviction for concealed work last April by the Paris court of bad practices by Deliveroo, which appealed against this decision and the fine of 375,000 euros imposed on it, concerned the period 2015-2017. According to Kevin Mention, the deliverymen’s lawyer, a “second criminal part is in progress for the period 2018-2022”.
Deliveroo had until then only been sentenced in February 2020 by the industrial tribunal. The appeal has not yet been considered. On the other hand, many deliverers have had their requests for requalification of contract rejected and the Paris Court of Appeal also rendered a judgment in April 2021 in favor of Deliveroo.
“On six occasions, the civil courts have to date ruled in favor of Deliveroo, recognizing that the delivery partners were indeed independent service providers and in no way subject to a permanent legal subordination relationship”, emphasizes Deliveroo.