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Rechtsanwalt Marian Härtel - ITMediaLaw

Operator of a crowdworking platform is not to be regarded as an employer

6. December 2019
in Labour law
Reading Time: 2 mins read
0 0
A A
0
lego 1044891 1280
Key Facts
  • The Munich Regional Labor Court ruled that an agreement with a crowdworker does not constitute an employment relationship.
  • Orders are placed with crowdworkers via an internet platform without any obligation to accept the order.
  • An employment contract requires work that is bound by instructions and determined by others in personal dependence.
  • The basic agreement contains no obligation to perform and can be terminated by email.
  • Earning a substantial living from contracts does not constitute employee rights.
  • The decision on fixed-term employment relationships was not relevant to the ruling.
  • The appeal to the Federal Labor Court was allowed due to fundamentally important issues.

The Regional Labour Court of Munich has ruled that an agreement between a so-called crowdworker and the operator of an internet platform, which does not contain an obligation to take over orders, does not create an employment relationship.

The defendant carries out checks on the presentation of goods in retail outlets or in petrol stations, inter alia, for brand manufacturers. These contracts are then awarded to participants of the platform.

The conclusion of the basic agreement at issue entitles you to take over the orders offered on an Internet platform via an app, which are displayed within a self-selected radius of up to 50 km. In the event of a takeover, an order must be completed regularly within two hours in accordance with existing specifications. In the present case, there was no obligation to accept an order or, conversely, to offer contracts to the contracting authority.

The general court states that, according to the legal definition, an employment contract exists only if the contract provides for the obligation to perform work bound by instructions, determined by others in personal dependence. This is generally expressed in the fact that the employee must follow work instructions regarding the time, place and content of the service owed
and is integrated into the employer’s work organization.

The actual implementation of the contract is decisive.

The basic agreement does not fulfil the conditions simply because it does not contain any obligation to provide services. The fact that the applicant has in fact earned a significant part of his livelihood through the contracts and has, for various reasons, felt under pressure to continue to accept contracts in the future does not, under the existing legal situation, lead to the fact that the claimants who claim the protection of workers. The basic agreement could therefore also be effectively terminated by email as a mere framework agreement.

The Land Labour Court has not decided whether a fixed-term employment relationship was established by clicking on a contract. This was not relevant to the decision, since the invalidity of a time limit can only be invoked by means of an action within a period of three weeks, which was not the case in the present case.

Because of its fundamental importance, the appeal was admitted to the Federal Labour Court.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: EmailEmployment relationshipFederal Labor CourtinternetKILabor CourtLawsLawsuitMailserviceWorkers

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  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
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