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I can't speak to Swiss courts, but in the US, Uber is losing many of these battles, while Upwork is not. It seems clear to me that using Upwork doesn't change
by nilsbunger 4y ago
I can't speak to Swiss courts, but in the US, Uber is losing many of these battles, while Upwork is not.
It seems clear to me that using Upwork doesn't change whether a particular job you farm out is a contract job or employee job. Your primary relationship as a buyer is with the seller (the freelancer).
It's more murky with Uber but it would be nice to have a clearer "test" to understand what makes Uber an employer vs a contract facilitator.
- bobthepanda 4y agoI think the ABC test that was proposed by the Supreme Court of California is fairly straightforward: https://www.labor.ca.gov/employmentstatus/abctest/ https://www.labor.ca.gov/employmentstatus/abctest/ Uber and the like did successfully convince the electorate to specifically exempt rideshare and delivery from the test, though.
- nilsbunger 4y agoThe confusing part of the ABC test is what is "in the entity’s usual course of business" - the "B" clause. What makes Convoy not in the business of transportation, while Uber is? What would Uber need to change to be treated like Convoy?
- tempsy 4y agohow is Uber losing battles in the US? in the last big ballot measure in California they successfully passed a prop that shielded them from identifying drivers as employees