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Germany: Riders are entitled to a bicycle and smartphone

Labor law

Germany: Riders are entitled to a bicycle and smartphone

The new occupational profile of food delivery workers, on bicycles or Vespa's (called "riders" in Italy) is occupying labour courts all over Europe.

While - as reported in the Client Letter - their status as employees was recognised in Italy, the German labour courts are also paying attention to appropriate working conditions.

The Federal Labour Court (10.11.2021 - 5 AZR 334/21) held that a clause in an employment contract with a "rider" was unlawful, in which the employee was only granted a lump-sum reimbursement of expenses for repairs to his bicycle. The supreme court judges ruled that the employer had to provide the work equipment: A bicycle and a smartphone!