Admission of the appeal of Uber Switzerland GmbH against the Cantonal Employment Office of the Canton of Geneva

Facts

The company Uber Switzerland GmbH (Uber CH) filed an appeal against the decision of the Cantonal Employment Office of the Canton of Geneva which subjected it to the Employment Service Act (LSE) in the context of its meal delivery activities at home via the Uber Eats platform. The Cour de Justice of the Canton of Geneva dismissed Uber CH's appeal. The FSCA ultimately admitted Uber CH's public law appeal.

Considerations

The FSCA first examined whether the conditions of a service lease relationship were met between Uber and the delivery drivers. It concluded that there was a relationship of subordination characteristic of an employment contract between Uber and the delivery drivers. However, the relationship between Uber and the restaurants does not fall under the…