<story><title>Uber loses court appeal against drivers&apos; rights</title><url>http://www.bbc.co.uk/news/business-41940018</url></story><parent_chain><item><author>cabaalis</author><text>I have a US perspective so I&amp;#x27;m interested in why this ruling was made. If the driver doesn&amp;#x27;t want to drive on a given day, there&amp;#x27;s no one he has to call. There&amp;#x27;s no approval of the time off. He just won&amp;#x27;t get paid because he isn&amp;#x27;t doing work.&lt;p&gt;In the US, one central tenant of being an employee vs a contractor is that your employer has power over your schedule, working location, and your work methods, which I see none of in Uber (which I did drive for back in 2016.) Uber drivers are allowed to drive for other groups and have other jobs.&lt;p&gt;So what basis was this decision made, if not &amp;quot;they are complaining and the right thing to do is something, plus Uber=bad?&amp;quot;</text></item></parent_chain><comment><author>doctor_fact</author><text>On what basis?&lt;p&gt;“92. ... The drivers provide the skilled labour through which the organisation delivers its services and earns its profits. We base our assessment ... in particular on the following considerations.
(1)  The contradiction in the Rider Terms between the fact that ULL purports to be the drivers’ agent and its assertion of “sole and absolute discretion” to accept or decline bookings.
(2)  The fact that Uber interviews and recruits drivers.
(3)  The fact that Uber controls the key information (in particular the passenger’s surname, contact details and intended destination) and excludes the driver from it.
(4)  The fact that Uber requires drivers to accept trips and&amp;#x2F;or not to cancel trips, and enforces the requirement by logging off drivers who breach those requirements.
(5) The fact that Uber sets the (default) route and the driver departs from it at his peril.
(6)  The fact that UBV fixes the fare and the driver cannot agree a higher sum with the passenger. (The​ ​supposed​ ​freedom​ ​t​​o​ ​agree​ ​a​ ​lower​ ​fare​ ​is​ ​obviously​ ​nugatory.)
(7)  The fact that Uber imposes numerous conditions on drivers (such as the limited choice of acceptable vehicles), instructs drivers as to how to do their work and, in numerous ways, controls them in the performance of their duties.
(8)  The fact that Uber subjects drivers through the rating system to what amounts to a performance management&amp;#x2F;disciplinary procedure.
(9)  The fact that Uber determines issues about rebates, sometimes without even involving the driver whose remuneration is liable to be affected.
(10)  The guaranteed earnings scheme (albeit now discontinued).
(11)  The fact that Uber accepts the risk of loss which, if the drivers were genuinely in business on their own account, would fall upon them.
(12)  The fact that Uber handles complaints by passengers, including complaints about the driver.
(13)  The fact that Uber reserves the power to amend the drivers’ terms unilaterally.”</text></comment>
<story><title>Uber loses court appeal against drivers&apos; rights</title><url>http://www.bbc.co.uk/news/business-41940018</url></story><parent_chain><item><author>cabaalis</author><text>I have a US perspective so I&amp;#x27;m interested in why this ruling was made. If the driver doesn&amp;#x27;t want to drive on a given day, there&amp;#x27;s no one he has to call. There&amp;#x27;s no approval of the time off. He just won&amp;#x27;t get paid because he isn&amp;#x27;t doing work.&lt;p&gt;In the US, one central tenant of being an employee vs a contractor is that your employer has power over your schedule, working location, and your work methods, which I see none of in Uber (which I did drive for back in 2016.) Uber drivers are allowed to drive for other groups and have other jobs.&lt;p&gt;So what basis was this decision made, if not &amp;quot;they are complaining and the right thing to do is something, plus Uber=bad?&amp;quot;</text></item></parent_chain><comment><author>Cthulhu_</author><text>The other side of the coin is that of exploitation - no Uber rides, no income. Sick? No income. Accident while driving for Uber? Your problem, you pay for everything.&lt;p&gt;If they&amp;#x27;re employees, they get a lot of rights and protections that maybe aren&amp;#x27;t common at all in the US. Companies like Uber (and e.g. construction companies, marketing agencies, etc) will push people to become self-employed so that the employer has no obligations or responsibilities whatsoever to the employee. This will allow them to out-compete the companies (like Black Cab in London) heavily, at the cost of the workers.</text></comment>