As a matter of policy, food delivery services must provide their bicycle couriers with a bicycle and mobile phone as work equipment. The Federal Labor Court ruled in Erfurt on Wednesday. So contract exceptions are possible. However, if these are specified in the general terms and conditions, the courier must receive adequate financial compensation for the use of their own bikes and cell phones. The Federal Labor Court has been following the ruling of the Hessian State Labor Court since March.
A bicycle supplier received his orders through a smartphone processor and was credited with a 25 cent repair fee for his bicycle per hour. However, he can only recover this with a permanent contract partner. This regulation was made in the general terms and conditions of the contract. The supplier complained about getting a mobile phone with a bicycle and internet facility suitable for the road. The employer wanted to dismiss the case, arguing that the riders possessed the bike and cellphone anyway and that their own use would not cause unnecessary load.
The Hessian State Labor Court upheld the driver’s complaint in March. The arrangement in the contract frees the delivery service of the acquisition and operating costs, while the risk of depreciation or damage is entirely up to the driver. For example, there is not enough compensation for this because the rider does not have the freedom to choose a bicycle repair shop. No financial compensation was given for cell phone use. So the driver who complains can insist on a cell phone and bicycle provided by the employer. The Federal Labor Court followed suit on Wednesday. (dpa)
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