France: Uber drivers are self employed

French Supreme Court confirms Uber drivers are not employees. EU Directive may alter rules by 2026. California drivers gain collective bargaining rights without striking.

The Key Points: France’s Supreme Court has confirmed that Uber drivers are to be classified as independent contractors, reversing earlier indications of employment status. The Court stressed the autonomy of drivers in work hours, accepting rides, and route selection as decisive factors precluding employment status under French law. Uber has updated its engagement framework accordingly. France tried to block the EU Platform Workers Directive, which includes a presumption of employment, but was unsuccessful.

Why This Matters: This ruling clarifies the legal landscape for gig economy workers in France, demonstrating the strong influence of autonomy over employment classification. The support from President Macron suggests continued political backing for flexible platform models. The implementation of the EU Platform Workers Directive may complicate current arrangements by requiring national law changes, which could alter the established legal position.

What Might Happen Next: The Directive must be transposed into French law by December 2026, potentially upending current Supreme Court jurisprudence. Debate is expected on how the presumption of employment in the Directive interacts with self-employment under French law.

What You Should Be Doing: Monitor the Directive’s transposition process and anticipate possible changes in driver engagement models. Companies operating in France should prepare for legal adjustments at the end of 2026 and consider how increased regulatory scrutiny may affect their business models.

Meanwhile, in California, agreement has been reached between the state government, the state’s biggest trade union, SEIU, and Uber and Lyft to allow the two platforms’ drivers to organise and bargain collectively, but without the right to strike. We will track developments to see how it works out. You can read more about it from the left-leaning journal American Prospect.