Switzerland: Swiss Federal Supreme Court confirms Employer Status of Uber

Author: André Lerch

According to Switzerland’s Federal Supreme Court, the Cantonal court did not rule arbitrarily when it decided that Uber drivers working in Geneva had an employment relationship with Uber BV. The Federal Court dismissed the corresponding appeal.

The Geneva Cantonal authorities called it a “historic decision”, adding that it will serve as precedent for all Switzerland.

The case dates back to 2019 when the Canton decided to classify Uber as an employer, hence obliging it to pay social benefits to its drivers to continue operating.

Uber has caused certain controversy since its arrival in Switzerland in 2014. Several other similar Uber court decisions have been taken in other Cantons, such as Zurich, Geneva and Vaud, relating to individual litigation, labor law and social security issues. Several other legal cases are pending.

In a separate ruling on food delivery services of Uber Eats, Switzerland’s Federal Court upheld an appeal contesting that the company operates staff lending services.