Federal Court rules in favor of Uber drivers

Uber drivers will be paid for their waiting time between trips, and their work schedule will be planned. This is the very concrete consequence of the decision just handed down by the Federal Court, first announced by the " Tribune de Genève ": MITC, the company that employs the majority of Geneva's VTC drivers using the Californian platform, must comply with the Law on the Hiring of Services (LSE) - and therefore apply the collective bargaining agreement (CCT) for this sector. In March, the country's highest court issued an identical decision concerning Chaskis , which employs several Geneva-based food delivery drivers working with the Uber Eats app.

The situation is now clarified, as Delphine Bachmann, State Councilor for the Economy, reiterated in a press release issued this Thursday morning. "The company affected by the ruling (editor's note: MITC) will have to file an application to operate in compliance with the LSE within a reasonable timeframe. Other players in the sector must prepare to do the same." In short, the Federal Supreme Court's ruling sets a precedent.

It concludes a years-long saga . In 2022, the Geneva Department of Economy subjected various companies employing workers working for Uber and Uber Eats to the Service Leasing Act. These decisions were systematically challenged before the Geneva courts, which ruled in favor of the Canton. The Federal Court has now done the same.

"The Federal Supreme Court's decision will provide greater clarity to the organization of an entire sector of activity," explained Delphine Bachmann. "I have repeatedly had the opportunity to express my commitment to freedom of enterprise, but all economic activity must be part of a legal framework that guarantees respect for employee rights and fair competition."

Until now, no collective agreement applied to this sector, which employs some 600 people at the end of the lake. The only constraint: compliance with the minimum wage. From now on, in addition to payment for waiting time between trips, VTC drivers will be compensated for public holidays, paid for Sunday work, and will therefore be able to calculate their salary in advance (since everything will be planned).