On Monday, the Labor Court of San José determined that Uber maintained a labor contract with a driver who requested the recognition of his labor benefits after rendering his services from February 2017 to December 2022.
This ruling is historic in Costa Rica and sets a judicial precedent. Now, the company’s collaborators could claim their legal rights.
Uber was ordered to pay the corresponding sums for vacations, Christmas bonuses, and social security during the employment.
In addition, the judge affirmed that the defendants sought to disprove the nature of the relationship. However, she pointed out that it was very clear that the requirements to determine an employment contract were fulfilled.
Nevertheless, she also decided that he was not entitled to compensation for overtime, given that Uber did not impose the schedule but rather was decided by the driver.
“While the collaborative economy system, or rather digital platforms, implies a change in the way in which a service is provided or accessed, this transformation and the many others that will arise in the future, given technological advances, cannot be to the detriment of working people and the rights inherent to them,” judge Carolina Fallas determined.
The law firm Más Legal Asesores, who filed the lawsuit in favor of the worker, indicated that “we celebrate the decision because now UBER will be on equal terms as other companies in Costa Rica.”
David Delgado, partner, assured that the firm was looking for people’s labor rights to be respected.
“When a new socioeconomic situation calls for regulations (Legislative Assembly) and no progress is made, it is up to the judges (Judicial Branch) to amend the path. Today’s resolution against UBER sets the stage for the company to prioritize negotiating,” said the lawyer.
