Requalification of Employment Relations on Digital Platforms – Commentary on the ruling of the Social Chamber of the French Court of Cassation of 4 March 2020, Appeal No. 19-13.316

Despite the efforts made by legislators to facilitate the task of qualifying the employment contract for judges, the judge's role in this qualification process remains primordial, as they face hybrid and increasingly complex situations that may fall into several contradictory contractual categories not anticipated by the law. This article examines a landmark ruling by the Social Chamber of the French Court of Cassation of 4 March 2020 (Appeal No. 19-13.316), in which the Court confirmed the requalification of a partnership contract between an Uber driver and the company into an employment contract. The analysis is structured around three complementary phases: establishing the real nature of the subordination link, identifying the absence of elements constitutive of an independent work relationship, and demonstrating the fictitious nature of the independence claim.