In Puerto Rico, The Employment Claim Against Uber Is Rejected, Affirming That An Employment Contract Does Not Exist
On the 8th of May, 2019, in the case “Mercedes Ramos de Avilés vs. Uber CT Corporation System”, (Caso: 18-26-14056), the State Insurance Fund Corporation determined that the claim filed by a user against the Uber app did not fall under the Workers’ Accident Compensation System Law. This was based on the fact that: (i) the agreement binding the parties indicates that Uber provides services to independent transport service providers; (ii) the company does not control the driver with regards to the provision of services; (iii) the driver decides when, how and for how long they use the app; (iv) the driver retains the option to accept, decline or ignore a user’s transport request through the app; (v) the driver can use other service platforms; (vi) the driver is independent from the Electronic Ride-Hailing Platform. The Court concluded that the user is not an employee of Uber but an independent contractor.
