Lieferando drivers are not required to use their mobile phones or ride bicycles

Lieferando drivers are not required to use their mobile phones or ride bicycles

There was rental equipment – but there was no bike and no cell phone. In the terms of the contract, the employer stipulated that the work equipment could be borrowed against a deposit of €100. However, the equipment that can be borrowed does not include a bicycle or a mobile phone. However, the law regulates in § 618 BGB that the employer must provide all work equipment required to perform the job. This rule can be excluded in principle in the employment contract, but this did not happen in the current case.

Lieferando drivers are not required to use their cellphones or ride their bicycles. The complaint brought by two bike couriers who supplied food and beverages to customers was dismissed by the Hess State Labor Court. However, the employer refused to give the necessary work equipment to his staff. The plaintiffs, who both worked at Lieferando, objected to their reliance on their bicycle and cell phone. You’ll need to use a unique programme that requires mobile Internet to complete this activity. Carriers had to use their own contract’s mobile internet for this. The plaintiffs won at the Hesse Regional Labor Court (Judgment dated February 19, 2021 – 14 St. 306/20, 14 St. 1158/20).

Highlights

  • Subscribers of the free mobile plan can travel safely in as many countries as possible on 4G and at no additional cost. The plaintiffs then appealed and won the right in Hesse state labor court. The legal basis for the business relationship is the effective written contract. This excludes verbal side agreements, so that it does not matter whether something else was agreed upon before the contract was entered into. The Regional Labor Court ruled that in this case, the employer is obliged to provide a bicycle and a mobile phone with sufficient mobile Internet. Lifelong internet expert.”

  • The Employment Tribunal in Frankfurt am Main has agreed with the employer. The Employment Court in Frankfurt am Main initially agreed with the employer. He claimed that the employee tacitly agreed to use his bicycle and mobile phone at work. This resulted from the fact that the employee saw that there was neither a bicycle nor a mobile phone among the available equipment. However, he signed the contract. Prior to the current employment contract, the contracting parties verbally agreed that the employer would not provide mobile phones and bicycles.

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