"Tokyo says Uber Eats labor union has collective bargaining rights" 25 November 2022

Tokyo authorities on Friday ordered the operator of Uber Eats food delivery service in Japan to enter into negotiations with a labour union representing its staff, agreeing with the organization that the unit of the U.S.-based company had engaged in unfair practices.

The union, formed in October 2019, had been pushing for the operator to negotiate contract terms and seek improved working conditions, but the firm had been arguing that those using the platform for work are independent contractors and, therefore, should not be regarded as workers under Japan's labour union law.

However, the Tokyo metropolitan government's labour commission acknowledged that they are part of Uber Eats' essential workforce even if they do not have employment contracts with the operator.

[...]

The commission's directive stated that delivery staff, earning money by using the operator's platform, cannot be considered mere "clients" but are indispensable workers in an industry in which eateries and people who order food and drinks are linked through its app.

"The company has unilaterally decided the contracts' contents, and pay is characterized as compensation for the provision of labour," it said.

Moreover, it said although delivery workers are ostensibly free to choose their hours and location, they can be placed in situations where refusing work is difficult.

Delivery workers are under Uber's direction and control, it added, concluding, "It is reasonable to view that their relationship with the company makes them a worker under the labor union law."

Uber Eats Japan Inc. said in a statement, "It is very unfortunate that (the decision) does not take into account flexible and independent working styles."

The company said it will consider its response, including a possible request for re-examination.

[...]