Uber condemned in Switzerland: the drivers are employees and will have to be hired

from Claudio Del Frate

The federal court confirms a decision made by the city of Geneva. Swiss justice follows what has already been established by courts in other countries, such as the United Kingdom and the Netherlands

Uber drivers need to be considered employees in all respects and the American giant of the digital economy, a transport company. One established it judgment of the Swiss federal court (the highest step of Swiss justice) confirming a decision that had been taken by city ​​and canton of Geneva. In the latter city, the taxi service offered by Uber ceased immediately: the drivers must be paid wages and social security contributions which are arrears but in the meantime hundreds of them they were left without work.

In the first instance the multinational she had already been sentenced to hire Geneva drivers in 2019 but had filed an appeal to the federal court. In a judgment which will be published in detail on 7 June but i which contents have been anticipated by the same court. It is not arbitrary to believe – the judges write – that Uber drivers operating in Geneva are linked to the company by an employment contract. Therefore not unsustainable qualify Uber as a transport company.

What are the immediate consequences? Uber will have to comply with the legal obligations in force in its business sector. The taxi drivers who leaned on his platform will have to be hired but to get their due they will have to initiate another dispute with the company. Will they feel like facing it here? Only in Geneva the dispute it should concern 700 people: some of them would have been contacted by Uber for an unspecified training course.

According to Fabienne Fischer Federal Councilor for the Greensthe ruling will take effect throughout Switzerland and therefore the Uber service will have to adapt in all other Swiss cities in which in business.

The verdict of the Swiss federal court arises in the groove than established by the courts of other countries, for example the United Kingdom and Holland: here too it has been made clear that Uber drivers must be considered employees and non-self-employed workers.


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