The social model of “uberization” is being used for the first time in France in criminal cases. This Tuesday, March 8, the British meal delivery platform Deliveroo and three of its former leaders appear before the Paris Criminal Court for “hidden work”. The procedure concerns facts dating back to the period 2015-2017.
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In this trial, it is the status of Deliveroo couriers that is in question. Like most platforms in the digital economy, the company works with workers who have self-employed status. This makes it possible to reduce operating costs, in particular by avoiding having to pay social security contributions or paid leave… When he announced his dismissal in correctional, last September, Deliveroo affirmed that this “corresponded to the aspirations of the vast majority of delivery partners”.
However, the reality of this status is increasingly challenged in the courts. VTC drivers at Uber or couriers at Deliveroo, to cite only the best-known examples, believe that their relationship with the platforms is in fact akin to a relationship of subordination and therefore to employment.
6 million euros in contributions
“So far, these trials have only concerned individual cases, pleaded before the labor courts”, explains lawyer Kevin Mention, who joined the criminal proceedings once morest Deliveroo as a civil party, representing a hundred delivery people and a union alongside his colleague Jamel Mallem. “This time, the challenge is moving to a higher level, before a repressive court, with potential prison sentences and fines. And above all, the victims considered are not only delivery people in particular, but also the community, because of social contributions which have not been paid to Urssaf. »
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It was following a report from the labor inspectorate in December 2017 that the prosecution decided to open a preliminary investigation entrusted to the Central Office for the Fight once morest Illegal Employment. The platform and its former leaders are suspected of having used “to thousands of workers” under a “alleged” independent status when they did not have freedom in their organization.
According to Me Mention, Urssaf estimates at 6 million euros the total of unpaid contributions from 2015 to 2016. It should also be noted that 3 million euros have been seized as a precaution from the bank account of Deliveroo. The lawyer awaits the conclusions of the trial which, he hopes, will give rise to case law and allow the opening of proceedings concerning other periods but also other platforms. “A criminal hearing is already set once morest TakeEatEasy, and others might soon target Foodora or even Frichti”, he said.
European directive
For its part, Deliveroo is confident. In a recent interview with Parisian, Melvina Sarfati El Grably, the current director of Deliveroo in France, disputed the charges and pointed out that six final decisions had been rendered by industrial tribunals in France, all of which had agreed with the platform. A seventh proceeding is under appeal. Kevin Mention recalls for his part that these files were “small individual actions” which failed for lack of evidence.
This question agitates the European courts, and trials have led to judicial decisions in scattered order depending on the country. Spain, the Netherlands and Great Britain are among the most advanced countries for questioning the status of self-employed persons linked to platforms. Last December, the European Commission even presented a proposal for a directive which would lead to a presumption of employment if the working relationship with the platforms met a series of criteria defined by the legislator.
Waiting for, “France is betting on collective bargaining between platforms and worker representatives”, explains Gilbert Cette, professor of economics at the Neoma Business School. Elections for their representatives are to be held next May. “We’ll see what comes of it, believes Gilbert This, but it is worth trying to preserve a model that creates tens of thousands of jobs thanks to the flexibility of self-employed workers and at the same time to better protect them. »
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22,000 couriers in France
2015. Deliveroo arrives in France, two years following its creation in England (its headquarters are still in London). The platform now operates in 11 countries and 800 cities.
22 000 couriers were collaborating with the platform in France at the end of December (compared to 14,000 a year earlier). In addition, 26,000 restaurants offer their dishes on Deliveroo (20,000 a year ago).
5,60 €. This is the average fare for a race, according to Deliveroo. The average waiting time between two service proposals is 8 minutes. During periods of very high activity (from 7 pm to 9 pm on Fridays, Saturdays and Sundays), the average amount is €6.70.
12,50 €. This is the average hourly income that a courier can achieve, all time slots combined.