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Two big differences are that Uber sets the price, and the customer doesn't pick an individual driver since they're a commoditized supply. But other markets lik

Two big differences are that Uber sets the price, and the customer doesn't pick an individual driver since they're a commoditized supply. But other markets like freight brokers have the same behavior I believe, and no one is saying truckers are employees of Convoy. It would be interesting to consider what would need to change for Uber drivers to be clearly considered as contractors.

dgb23 4y ago
I think the biggest factors for real contractors are: - leverage and autonomy in all aspects - multiple, changing sources of income - a personal brand to some degree The last point doesn't have to be a full marketing budget, it can be very informal.
- 6510 4y ago
  At least 2 clients per year with neither taking up 70+%
xg15 4y ago
Wasn't one argument that Uber micromanages the drivers to a considerable degree, specifically putting up rules how cars have to look, which branding to use, etc? Not a lawyer, but I imagine things like that might make it hard or impossible for drivers to work with other "customers" apart from Uber. This condition - being self-employed on paper but in practice being completely dependent on a single corporate customer - was termed Scheinselbstständigkeit in Germany and made illegal. Maybe Swiss are using a similar approach here. To my knowledge, Ryanair tried a similar businesses model about a decade ago, basically saying their pilots were independent contractors when in practice they were unable to work for anyone else but Ryanair. Edit: What I would find interesting is if Uber could claim they are operating a franchise. After all, the degree of micromanagement that is tolerated between franchisers and franchisees seems to be higher than between contractors and customers - see e.g. fast-food chains. (Not that i'd like Uber to use that loophole though, just curious if this would work)
- Ekaros 4y ago
  Franchise is to my mind quite different. They are a business and setup those and usually hire their own workers as real employees. Now I wonder how well it would go if someone attempted to hire line cooks as contractors with some piece rate or something as pay...
IncRnd 4y ago
Uber drivers face repercussions for rejecting riders or destinations. A contractor is free to work as their own boss and choose or reject their contracts. That is the basis of contract work.
- seunosewa 4y ago
  What are the repercussions?

dgb23 4y ago

I think the biggest factors for real contractors are: - leverage and autonomy in all aspects - multiple, changing sources of income - a personal brand to some degree The last point doesn't have to be a full marketing budget, it can be very informal.

6510 4y ago
At least 2 clients per year with neither taking up 70+%

xg15 4y ago

Wasn't one argument that Uber micromanages the drivers to a considerable degree, specifically putting up rules how cars have to look, which branding to use, etc? Not a lawyer, but I imagine things like that might make it hard or impossible for drivers to work with other "customers" apart from Uber. This condition - being self-employed on paper but in practice being completely dependent on a single corporate customer - was termed Scheinselbstständigkeit in Germany and made illegal. Maybe Swiss are using a similar approach here. To my knowledge, Ryanair tried a similar businesses model about a decade ago, basically saying their pilots were independent contractors when in practice they were unable to work for anyone else but Ryanair. Edit: What I would find interesting is if Uber could claim they are operating a franchise. After all, the degree of micromanagement that is tolerated between franchisers and franchisees seems to be higher than between contractors and customers - see e.g. fast-food chains. (Not that i'd like Uber to use that loophole though, just curious if this would work)

Ekaros 4y ago
Franchise is to my mind quite different. They are a business and setup those and usually hire their own workers as real employees. Now I wonder how well it would go if someone attempted to hire line cooks as contractors with some piece rate or something as pay...

IncRnd 4y ago

Uber drivers face repercussions for rejecting riders or destinations. A contractor is free to work as their own boss and choose or reject their contracts. That is the basis of contract work.

seunosewa 4y ago
What are the repercussions?