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모든 판례
Employment Law
Supreme Court
2021

Uber BV v Aslam

[2021] UKSC 5

판결 이유

Uber drivers are 'workers' within the meaning of the Employment Rights Act 1996, the Working Time Regulations, and the National Minimum Wage Act. The written contractual terms stating drivers were self-employed contractors did not reflect the true nature of the relationship. Courts must look at the reality of the working arrangement, not just the written contract.

사실관계

Uber drivers Aslam and Farrar brought claims for worker status, seeking entitlement to paid annual leave, rest breaks, and the national minimum wage. Uber argued they were self-employed, contracted with passengers through the Uber app, and Uber was merely a technology platform connecting riders with drivers.

판결 요약

The Supreme Court unanimously held the drivers were workers. Lord Leggatt identified five factors: Uber set the fare; Uber imposed contractual terms; drivers' choice to accept rides was constrained by Uber's algorithm; Uber exercised significant control over service delivery; and Uber restricted communication between driver and passenger. Working time began when the app was switched on, not just when carrying passengers.

주요 인용문

"The relative bargaining power of Uber and drivers is so unequal that Uber is in a position to dictate whatever terms it chooses."

Lord Leggatt

후속 처리

Followed

Applied widely in gig economy disputes. Influential in shaping debate around employment status reform.

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