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>> 1. The company set the hourly rate which meant they dictated how much I could earn This rate would have been negotiated by you. You then agreed to a specifi
by kjakm 6y ago
>> 1. The company set the hourly rate which meant they dictated how much I could earn
This rate would have been negotiated by you. You then agreed to a specific rate.
The price of Uber rides varies based on demand so the driver doesn't know the price in advance + even if they did they are not allowed to refuse the ride.
- fallingknife 6y agoVariable pricing based on demand is definitely an unusual feature of Uber's contract, but it would also be nearly unheard of in a full time employee's pay structure. So I don't see how it could be used as a determining factor that defines this contract as an employee/employer relationship.
- vidarh 6y agoThe issue here is that Uber pretends the driver is contracted by the passenger. In which case the driver should be free to negotiate with the passenger. That Uber exercises control of the relationship is what is indicating that Uber is an employer here.
- fallingknife 6y agoI agree that Uber is full of shit on this point. The driver is contracted with Uber.
- kjakm 6y agoThe case didn't determine an employee relationship - it determined a worker relationship. These are very different things legally. In terms of flexibility + rights it goes self-employed > worker > employee.