A ruling by the Federal Court has redefined the status of Uber platform drivers, who are now considered employees in Switzerland. The State of Geneva must judge whether the model chosen by the company MITC Mobility complies with public law. But a survey by the RTS shows that a substantial part of the drivers’ income is variable.
After the judgment of the Federal Court handed down last June, the company MITC Mobility, to which the Uber drivers in Geneva are attached, had to build a remuneration model adapted to their new employee statuses.
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And to understand how this system works, the RTS obtained around fifteen salary slips issued before and following the court decision last June.
A new bonus linked to efficiency
The analysis of these sheets shows that the model put in place by Uber serves as a basis for calculating the current remuneration of the drivers on the platform.
She also reveals that the salary can vary considerably from one driver to another. This variation is linked to a bonus set up by MITC Mobility and called “adjustment of affection of available”.
From 10% to more than 45% of gross salary
According to calculations made by the RTS, this bonus varies between 10% and more than 45% of a driver’s gross salary. It also represents a considerable part of the hourly wage and depends on the turnover generated by the driver, as well as his efficiency. For one hour of racing, the difference in net salary between two drivers can thus go up to almost nine francs.
Yves Quellec, operations director at MITC, explains that “this bonus varies from one driver to another because the driver chooses his schedules, his way of organizing himself, of accepting trips and of managing his time – this which will make the volume of business he has collected more important”. And to add: “The more he organizes himself according to supply and demand, the more he will have an attractive remuneration”.
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The legality of the system in question
For Caroline Renold, a lawyer for the Unia union specializing in labor law, this model is contrary to labor law. It “makes the driver bear the business risk”, she underlines. “If there is a change in the market, it is the driver who will see his premium reduced. So a massive share of the income is not guaranteed”.
Caroline Renold also believes that these practices are contrary to the law on the hiring of service. The latter provides that the employee must be able to know the number of hours he will work and the income he will obtain. For the lawyer, the Department of Economy and Employment (DEE), in Geneva, can only refuse this model.
The Uber epilogue might be coming to an end
The DEE has been analyzing this file for several months and might render a decision soon. For the time being, he indicates that the cantonal administration is bound by official secrecy and that he cannot therefore make any comment.
Julien Chiffelle, Gabriela Cabré and Tybalt Felix / oang
