![]() the granting of free insurance which is, according to the Court, only constitutes an ‘ improvement ’ of the service provider’s ‘ material situation ’.The Court also ruled out the following as indications of a legal subordination link between platform and driver : the ability to subcontract their delivery services.the possibility of collaborat ing with other platforms, which was the case in this instance for the delivery partner, who collaborated with several platforms directly competing with Deliveroo. ![]() the freedom to choose whether or not to perform services according to their own convenience. ![]() It base d its decision on the fact that the delivery rider have : The Paris Court of Appeal, through an in-depth analysis of the terms of the contract, the conditions of performance of the service and the elements submitted for debate by the parties, ruled out any permanent legal subordination link and therefore the existence of an employment contract. 17-20079, Take Eat Easy, see here ) and March 2020 (Cass. In particular, he claimed that the requalification of his contract should be quasi-automatic pursuant to the rulings handed down by the social chamber of the Court of Cassation in November 2018 (Cass., soc., 28 Nov. The delivery rider, who had already lost his case at first instance ( the Conseil de Prud’hommes de Paris ), argued that both the contract ual and the performance conditions of the relationship were characteristic of a permanent legal relationship of subordination. In a ruling of 7 April 2021, the Paris Court of Appeal has confirmed the position it took previously in favour of Deliveroo in November 2017, rejecting a delivery driver’s request to have his contract reclassified as an employment contract.
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