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maandag 20 juni 2022

#WORLD #WORLDWIDE #FRANCE #ANARCHISM #News #Journal #Update - (en) France, UCL AL #328 - unionism, Deliveroo: Judicial victory over the status of deliverers (ca, de, it, fr, pt, tr)[machine translation]

 In Paris, the "case of the century" of uberization was held, leading on April 19

to a historic condemnation of Deliveroo and several of its former leaders. A fewweeks later the first sector elections took place. ---- It was following severalinvestigations, in particular by the Labor Inspectorate, that the publicprosecutor's office was seized: this initiative by the public authorities, out ofa desire for tax control, only concerns the period 2015-2017. The file, whichbrought together some 116 deliverers, was invested by the trade unions,constituted as civil parties alongside the Labor Inspectorate and Urssaf, presenton behalf of the recovery of avoided social security contributions (960,000 eurosfor 2015) .The use of the law can be an effective union weapon: the unions had their placein this trial, on behalf of all the delivery people but also of all the workers,penalized by this " breaking of the labor code "[1]. While the SNTL was among thecivil parties, to defend the employers' interests of competitors, the trialhelped to strengthen union legitimacy in this sector, by consolidating the linksbetween (para)union organizations and delivery people.The main issue concerned the characterization of the offense of concealed work.Opposite, the defense tried to prove that the platform was just used to connectwith independents. But justice has decided: the delivery people were well paidsince the platform had the power of direction, control and sanction which definesthe relationship of legal subordination.Among the sanctions, Deliveroo is sentenced to a fine of 350,000 euros, themaximum penalty. If the leaders were sentenced to weak suspended sentences, therarity of these decisions makes it a symbolic victory. And bad publicity is apowerful lever against these companies. While Deliveroo was forced to post thecondemnation on its website, we see that emerging companies are paying theirdelivery people.A plural struggleThe damages paid to the unions confirm that they are legitimate in therepresentation of these employees. This is a big step for the trade unionorganizations which manage to integrate a dialogue which was until now bilateral:between the platforms and the State.This decision is only one case law among others, not all in favor of the wageearner, which the judges of future cases will have to take up. It will thereforebe necessary to continue to demand individual requalifications. This condemnationwas followed by the first pro delivery ballot which was held from May 9 to 16.Despite a good score from the CGT and Solidaires, it was a lukewarm result: inaddition to the representativeness of an employers' organization, the ballot wasmarked by massive abstention[2].Now, we can hope that the directive on the presumption of employment presented tothe European Commission will be voted on and transposed throughout Europe. At thesame time, the future negotiation is an opportunity for the unions to acquirerights, without forgetting that these developments have been brought about by amultifaceted militant mobilization: in the streets first, but also in the courtsand parliaments.Chloe (UCL Lille)To validate[1]Excerpt from the argument of the lawyer for Sud commerces et services[2]1,500 voters out of 84,000 registered (much less than the number of actualworkers), or 1.8% of the vote. In comparison, the last VSE-PME electionscollected 5% of registered voters.https://www.unioncommunistelibertaire.org/?41-Deliveroo-Victoire-judiciaire-autour-du-statut-des-livreurs_________________________________________A - I N F O S  N E W S  S E R V I C EBy, For, and About AnarchistsSend news reports to A-infos-en mailing listA-infos-en@ainfos.ca

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