Brussels court sides with Uber Eats over courier status

The French-speaking labour court in Brussels has ruled that three former meal delivery couriers for Uber Eats were indeed employed as self-employed workers. The couriers themselves had claimed they should actually be considered salaried employees.

The existence of a working relationship does not in itself mean an employment contract exists, the court stated in three rulings handed down on Tuesday. According to the court, Uber Eats complies with the conditions for self-employed delivery workers, which are incompatible with an employment contract.

Neither the algorithm nor the geolocation system allows the platform to exercise hierarchical control over the couriers, the court added. The requirement that couriers take a photo of themselves "only serves to verify that the courier is indeed the person registered on the platform".

Uber Eats had taken the case to the labour court after the Administrative Commission for the Regulation of the Employment Relationship (CAR) sided with the couriers in April 2024, stating they should be reclassified as salaried employees. The legal costs incurred by Uber Eats must now also be paid by the Belgian state, the National Social Security Office (RSZ) and the three couriers.

The rulings nonetheless point to the precarious situation of Uber Eats delivery workers. "It is clear that couriers receive modest compensation for small tasks," the court said. "That situation can lead to a degree of insecurity and may require significant availability, especially for delivery workers who have no other or sufficient means and who are financially dependent on their activity as meal couriers."

 

© BELGA PHOTO JAMES ARTHUR GEKIERE


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