In Context of Uber BV v. Aslam in London ([2021] WLR (D) 108): Do Uber Drivers Work for Uber as Employees or as Independent Contractors?


  • Dr. Monika Jain Senior Advocate, High Court of Delhi, New Delhi, India


The most contentious question has been whether taxi drivers are independent contractors or employees for a very long time. Cab drivers assert that they are covered by employment and labour rules since they are employees, but transportation network corporations like Uber and Lyft dispute this and assert that cab drivers are independent contractors.  Why is it problematic to consider these cab drivers to be employees? The issue is that if a taxi driver strikes off a customer or bystander irresponsibly, the corporation will be held vicariously accountable for the damage. In some cases, victims of drivers' negligence have requested compensation from the firm, claiming that because the drivers are corporate employees, the company is vicariously accountable. The transport network corporations (TNCs) are unwilling to accept responsibility for their actions. The victims have occasionally taken TNCs to court to demand compensation from them despite the fact that they frequently deal with serious legal difficulties. The main goal is to debate whether a cab driver is an independent contractor or an employee. To understand this, it is important to talk about a few key ideas, like vicarious responsibility and where it stands in England and India. Following that, this essay will go over the obligations that transportation network firms have to their taxi drivers. Examining the TNCs' terms and conditions is crucial to comprehending the entire situation. You will see why there is so much contention between the TNC and the cab drivers after reading the terms and conditions. This article explains the interaction between TNCs and cab drivers using the example of one of the most popular TNC Uber business models

Author Biography

Dr. Monika Jain, Senior Advocate, High Court of Delhi, New Delhi, India