The latest cantonal ruling on the US ride-hailing firm comes as a national framework to determine the status of gig economy workers in Switzerland is still lacking.
This content was published on
2 minutes
Keystone-SDA/dos,sb
Español
es
Los conductores de Uber no son trabajadores autónomos: tribunal suizo
The rulingExternal link by the Zurich social insurance court, published on Thursday, says that the “marked subordination” in the relation between Uber and its drivers means that it is one of dependence between an employer and an employee.
As such, Uber must pay social contributions for drivers, the court said: in this case – brought by the company against the Swiss National Accident Insurance Fund (Suva) and the Zurich social security services – it faces retroactive payments, including interest, of some CHF5.2 million ($5.64 million) for the year 2014.
What’s more, although the case in question refers to the now-disappeared from Switzerland UberPop service (a cheaper and less professionalised version), the verdict clearly refers to all categories of Uber drivers.
The US company argues that those who work using its app maintain control over when they work and which clients they take: the verdict also “ignores the fact that the majority of drivers in Switzerland want to remain independent”, it told the Neue Zürcher Zeitung newspaper.
Uber plans to appeal the verdict.
More
More
Swiss court confirms Uber status as ‘employer’
This content was published on
A cantonal court says a former Uber driver was an employee of the ride-sharing firm and that he had wrongly lost his job.
The ride-sharing app firm, which was founded in 2009, has caused certain controversy since its arrival in Switzerland in 2014. Several other similar Uber court decisions have been taken in other cantons, such as Geneva and Vaud, relating to individual litigation, labour law and social security issues. Several other legal cases are pending this year.
Meanwhile, at the national level the status of workers in the ‘gig economy’ is still unclear, with the federal authorities so far reluctant to develop a new framework for the platform economy.
In a press releaseExternal link on Thursday, the UNIA trade union said the Zurich verdict should prompt cantons to “finally take their responsibility towards drivers seriously” and enforce employment law to make the company pay social insurance payments.
“This is an extremely significant decision that people have been waiting for since 2016,” UNIA legal expert Roman Künzler told swissinfo.ch.
The union also said that the verdict had a “signal effect” for other platform-based companies operating in what it called the “uberising” economy.
Popular Stories
More
Multinational companies
Azeri fossil-fuel cash cow brings controversy to Switzerland
Swiss price watchdog slams excessive prices for generic medicines
This content was published on
The cheapest generic medicines available in Switzerland are more than twice as expensive as in other countries, according to a study by the Swiss price watchdog.
Nature should not figure in net zero calculations: academic study
This content was published on
The natural removal of CO2 from the atmosphere by forests or oceans should not be included in the net-zero balance of climate protection measures, argue researchers.
This content was published on
None of the 15 major Swiss retail banks is meeting international climate and biodiversity targets, according to a ranking by WWF Switzerland.
This content was published on
Nestlé's new CEO Laurent Freixe, has presented plans for the future of the world's largest food company, after his first few weeks in office.
Swiss foreign minister calls on Moscow to end Ukraine war
This content was published on
It's high time Moscow ended its war against Ukraine, Swiss foreign minister Ignazio Cassis tells the UN Security Council.
This content was published on
The only alternative to the UN Palestinian agency’s work in Gaza is to allow Israel to run services there, Philippe Lazzarini, UNRWA Commissioner-General, told reporters in Geneva on Monday.
Study reveals food culture differences between Switzerland and neighbours
This content was published on
Three-quarters of Swiss people consider eating to be a pleasurable, social activity, a new survey reveals. Healthy eating, however, plays a much less important role, it found.
If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.
Read more
More
Uber accepts Swiss court decision on employee
This content was published on
In September an appeals court in canton Vaud ruled that the Uberpop driver had been unfairly dismissed and should enjoy the same rights as an employee of a taxi company. The man had complained of being denied access to the Uber app in 2016 following customer complaints. The judgement had confirmed a previous ruling from…
UberPop driver wins ‘landmark’ unfair dismissal case
This content was published on
The court confirmed that the driver was an employee of Uber and should enjoy the same rights as a taxi driver who has a contract with the taxi company. The case has been reported by the SonntagsZeitung and Le Matin Dimanche newspapers as the first such ruling in Switzerland. The driver worked 50.2 hours per…
This content was published on
The global tech giant Uber is fighting multiple legal battles against being classified as an employer of any kind – with all the obligations and rights that would entail. Several court decisions are pending in Switzerland. SRF’s consumer magazine Espresso has brought to light the latest, yet unpublished, judgement dealing with the issue. In early…
You can find an overview of ongoing debates with our journalists here . Please join us!
If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.