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Uber Drivers Deemed To Be Employees By Swiss Insurance Provider (techcrunch.com)
An anonymous shares a TechCrunch article: Uber has suffered another setback to its operational model in Europe after a Swiss insurance agency ruled that Uber drivers are employees, not freelance contractors as the company claims -- meaning it must pay social security contributions. This follows a similar ruling by a UK employment tribunal in October which found that the two Uber drivers bringing the claim were employed as workers by Uber, rather than being freelance contractors. Swiss broadcaster SRF says the Suva agency made its decision on the status of Uber drivers in the market on account of their inability to set price or payment type, and because they are threatened with consequences from Uber if they do not fulfill its requirements. The Suva described its decision on the classification as a "clear conclusion." The public sector insurer is involved in determining whether workers are freelance or not as a provider of compulsory on-the-job accident insurance which is required for certain high risk professions.
we're all freelance contractors. You were born alone, you'll die alone, and the only one who really cares about you is you.
If someone agrees to drive for Uber as an independent contractor, then Uber is that person's client. If an independent contractor agrees to work for a client who isn't willing to negotiate their pay rate, then that's on that person, that doesn't mean they are suddenly not an independent contractor just because they don't have any ability to control their rate of pay. Further, the passengers are not the driver's clients, they are Uber's, so any negotiation with the passengers over price or how the passengers pay for the trips is none of the driver's business.
There may certainly be other reasons to consider Uber drivers as employees and not contractors, but I am baffled as to why these same points keep getting brought up over and over again or why they form some kind of basis for a decision every single time like they are somehow actually relevant.
File under 'M' for 'Manic ranting'
quote> ... compulsory on-the-job accident insurance ...
A country uses employee protection laws to protect people who are treated as employees: Which first-world country does this surprise? Sorry, that was a rhetorical question.
I can choose not to work for Uber and I can choose not to use Uber. I do both of these things already, but I can't choose not to obey government regulations without becoming a victim of government violence and coercion. I'm tired of the nanny state and I've been living in one my entire life (I'm 32). If a competitor comes along that does things better I might consider utilizing it / doing a little driving. However the best competitor to Uber is Cell 411 and I dislike it because they refuse to open up and release a complete set of source code. I don't wish to become more of a victim of corporate abuse of my liberties than I already am. I prefer to remain in control of my devices to the maximum extent remotely feasible.
I want to get rid of drivers licenses, license plates, and the state police. We don't need these things and could implement better solutions to security and vehicular theft and eliminate the constant privacy invasive tracking we have now. Cell 411 already works as a solution to security to a great degree by enabling you to call on friends, family, and nearby good samaritans for help and there is also private patrolling going on in places like Detroit where government has failed. Much of what the government does is little more than theft. I would rather have some risk in life than have my liberties violated by government. If we eliminate government, taxes, and a majority of the regulations we can get some competition in the areas of security and social welfare.
I moved to New Hampshire where they don't mandate seat belts nor car insurance. I do wear my seat belt and I do have car insurance, but the government shouldn't be mandating it. It's one of the most cost effective places to buy car insurance and more people have it as a result relative other states which mandate it explicitly because government has stayed out. If government would stay out of regulations we'd have more competition and more options. The reason we end up with more and more regulations is because government buys into corporations which want to hinder competition and profit. It's not for the sake of safety that we have these laws. It's a long long history of deception by corporations looking to make a buck off selling us the idea we'll be safer if only we buy product X. Whether it's drivers licenses, license plates, car insurance, or the police, somebody is making a buck and there is a dishonest group behind it spreading fear about what would happen if we didn't have these government mandated things.
If you'd rather have a little liberty at the cost of security theatre check out the Shire Society and the Free State Project which is working to make New Hampshire even freer via a migration of liberty minded persons. We've hit 20,000 and are having a real political impact on the state with some of the first libertarians elected anywhere at all levels of government.
Check out http://www.shiresociety.com/ and http://www.freestateproject.org/ and http://www.freekeene.com/
If they are employees, certainly Uber can demand that they work specific hours or not be employees anymore?
I've never heard of "employees" who can work or not work at their own whim just by signing into or out of an app.
Suva agency made its decision on the status of Uber drivers in the market on account of their inability to set price or payment type
Isn't that the case for most contractors? For example, there are a lot of contract software development jobs which offer x amount per day. There's no room to negotiate on the pay - you either apply for the contract or you don't. There's also little room to negotiate on the payment type and in all cases it's always a case of "give us a bank account and we'll pay the money in". Based on this judgement I'm an employee as well, even though I work as a contractor.
I suspect the judgement was pre-determined and this is merely a rather flimsy attempt to come up with a justification.
But I wonder if you meant "piece work". Shift work still requires employees to work a set schedule, but which may be a night shift, etc. Indeed, it's why I asked if Uber can start requiring their drivers to work scheduled shifts.
Can I be an independent contractor and only have a single client...YES! This assumes that you have the ability to work for someone else as well. I suspect that if you can work for both Uber and LYFT on the same day (not at the same time) that this would support being an independent contractor.
Is Uber responsible for paying into all the government programs or is the independent contractor? Seems to me that if someone wants to reduce their future government subsidies they should have that right. I think the government wants to take from Peter to pay Paul in order to sustain the dependency...Uber's just found a good way to test whether people are just beholden to the government...seems to be the case.
I spoke to an Uber driver the other day and he mentioned it was the best job he's had...used to be a mechanic and now he drives for Uber, maintains his own vehicle, pays for his own gas, etc. Once other countries start pulling rank and taking their cut it will only be the government who benefits...everyone else will be forced to pay higher prices across the board...I suspect that Uber will instantly have the largest fleet of vehicles to maintain since they are now company vehicles.
What if I want Uber to simply be a matchmaking service who takes a cut of my fares. So then I can use whatever car I want, takes fares when I want, take OR refuse any fares? What if I want THAT?
Then you should buy Uber, change their policy and business model so they not treat drivers like employees and thusly be liable for employment law related to them. Then you can do that.
Until then, Uber drivers are employees no matter how they shine about taxi "but with an app" making them not a taxi service.
Bullshit; you were born, you were fucking helpless; you needed at least one human to care for you or else you would be dead.
And, no, you are not self sufficient; you had other people teach you, other people built the computer, and the network you're using to post to this website which was built and funded by others. You do not grow all the food you eat, make all the tools your use, build the shelter you live in, etc...
Please take all your Ayn Rand books and toss them in the fire, because they have obviously crippled your ability to think and made you completely delusional.