Uber, historic defeat in New Zealand: drivers should be classified as employees

THE drivers New Zealanders of the NCC Service Uber they achieved a historic victory. A court has ruled that they should be adopted if: Staff members, in the umpteenth blow to the so-called gig economy. The ruling immediately goes against the four drivers who have sued Uber, but the same court admits the scope of the ruling could be broader.

From motorcyclists to car drivers. Judges around the world are increasingly in agreement, repeating that “theeconomy of chores does not exist”. Those who work in these sectors – who are sometimes given great opportunities, but too often suffer from a severe state of insecurity – should be regarded as employees.

Something similar had happened with JustEat in Italy: the company was forced to hire many of its riders on part-time contracts.

The four drivers of Uber they will have to get the benefits and rights – holidays and sickness for all – that come with employment contracts. But not all that polishes is gold. Returning to the Italian case of Just Eat drivers, there are many new hires who regret the flexibility (and sometimes better earnings) of the old type of collaboration.

The New Zealand court limited itself to finding that it had no jurisdiction to intervene on all employment contracts of Uber drivers. Therefore, for the time being, the obligation to hire people is exclusive to the four workers who had brought the American giant to the classroom. It goes without saying that the other drivers are free to follow the example of their colleagues and in turn go to the courtrooms.

The verdict was welcomed by the unions First And And you: “It’s a sentence that will make history, even on an international level,” they note. “Uber drivers finally got justice.”

But the game isn’t over yet. An Uber spokesperson has expressed displeasure with the ruling and announced an appeal will be filed soon.

In the UK, the Supreme Court ruled that Uber drivers should be considered employees and not self-employed. In 2021, Italian authorities had sanctioned UberEats, Glovo, Just Eat and Deliveroo with a total fine of €733 million for illegally setting up more than 60,000 riders as independent employees, but their contract disguised an employment relationship.