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Courier risks being denied employment contract with Uber | Advocatus
23 of February, 2024
Madalena Caldeira speaks to Advocatus about a courier who risks being denied an employment contract with Uber, which the court had already recognised.
“The whole process could be thrown out,” Madalena points out. “Uber will have the opportunity to present its evidence and, with that, it could dispel the presumption of the existence of an employment contract,” she also observes.
“In the [original] ruling, as Uber didn’t contest it, all the facts presented by the Labour Conditions Authority (ACT) were automatically proven, and this allowed the conclusion to be drawn that the employment contract existed. Now it’s a question of whether the evidence that ACT presented will survive the facts presented by Uber,” explains the lawyer, who makes it clear that the judge was in no way bound by the initial decision, “because the assumptions will now be different”.
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“The whole process could be thrown out,” Madalena points out. “Uber will have the opportunity to present its evidence and, with that, it could dispel the presumption of the existence of an employment contract,” she also observes.
“In the [original] ruling, as Uber didn’t contest it, all the facts presented by the Labour Conditions Authority (ACT) were automatically proven, and this allowed the conclusion to be drawn that the employment contract existed. Now it’s a question of whether the evidence that ACT presented will survive the facts presented by Uber,” explains the lawyer, who makes it clear that the judge was in no way bound by the initial decision, “because the assumptions will now be different”.
Read full article
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