The above analysis shows that it is difficult to reach a conclusion. Overall, the analysis shows that tax legislation (depending on the jurisdiction) can only qualify drivers as “workers” or “contractors”. However, the Uber model showed that this line is not as clear and that you can have a “hybrid” model that includes both the characteristics of an employee and a shooter. Three years later, now that the forum issue is settled, Mr. Heller and the Uber class can again argue over whether they are independent contractors (as Uber claims) or employees (as Mr. Heller would like). The issue of independent personnel and contractors is an important issue that could radically change the Gig Economy. If Uber were to pay vacation pay and vacation pay to all drivers, would Uber survive? Please contact EI Legal if you need assistance with any questions related to the appointment of contractors.  For more information, see www.rts.ch/info/suisse/10410983-uber-est-bien-un-employeur-estiment-les-prud-hommes-lausannois.html.
Uber Eats argued that Ms. Gupta was neither an employee nor a contractor. Referring to the Uber Eats Terms of Service signed by Ms Gupta, Uber Eats argued that it was acting only as a payment agent and lead generator between the delivery person, customers and restaurants. The other problem is the lack of information. Where I see this as a real problem is for bike deliveries, if I don`t know where an order goes until I pick up. Uber`s algorithm for bikes is terrible and they often sent me deliveries that were 7km away. The problem is that I don`t know until I pick up, and once I go to search, there`s no way to re-assign the order. If I cancel it, they treat it as if I got it back and didn`t deliver it. You can`t let this happen often without losing your delivery ability. An independent contractor should not be limited in this way.
it is therefore likely that such a worker will be regarded as a worker rather than a contractor. The consequences of incorrectly qualifying such a worker as a contractor (if he is an employee) can be serious: companies can be held liable for heavy fines for “fictitious contracts” and must reimburse workers` rights (paid holidays, minimum wage, dismissal, etc.). . . .