Legal foundations for the existence of an employment relationship between couriers and application platforms in the world:

the cases of Chile and France.

Abstract

This article discusses the cases of Chile and France, in which labor courts recognized the employment relationship between couriers and app companies, despite the disagreement of the companies involved. These decisions can serve as guidelines for future labor claims, especially considering that the legal system in these countries, as well as in Brazil, is based on Roman-Germanic law, with similarities in labor law. Labor Courts in Chile and France recognize the employment relationship between couriers and app companies, despite the companies' disagreement. In Chile, the judge highlighted the disguised subordination, control and dependence of couriers, considering them as employees. In France, the Cour de Cassation determined that the relationship of subordination exists when the employer has the power to give orders and sanction. Both courts agreed that couriers have labor rights, social security, accident insurance and adequate working conditions. These decisions could influence future labor claims and signal a shift in recognition of app workers' rights.