Status: 11/10/2021 4:27 p.m.
As a matter of principle, food delivery services must provide their bicycle couriers with a bicycle and a mobile phone as work equipment. That was decided by the Federal Labor Court and upheld the action brought by a courier from Hesse.
Bicycle couriers are generally entitled to have their employers provide them with a roadworthy bicycle and – if necessary for work – a smartphone. That was decided by the Federal Labor Court (BAG) in Erfurt. According to this, contractually agreed deviations are permitted. However, if these are laid down in the general terms and conditions, suppliers must receive adequate financial compensation for the use of their own bicycle and cell phone.
Bicycle and smartphone required
The Federal Labor Court follows a judgment of the Hessian State Labor Court from March. A bicycle supplier from Hessen had sued. He picks up ordered food and drinks from restaurants and brings them to customers. He received his orders via smartphone app and for every hour worked he was credited a flat-rate repair fee of 25 cents for his bicycle. However, he could only redeem this with a fixed contractual partner. This regulation was made in the general terms and conditions of the contract.
The supplier complained about getting a roadworthy bicycle and an internet-enabled mobile phone. The employer, on the other hand, argued that drivers already owned a bicycle and a cell phone and that they would not be overburdened by their own use.
Employer must provide work equipment
The Hessian state labor court upheld the driver’s complaint in March. The delivery service is relieved of acquisition and operating costs by the regulation in the contract; The risk of wear and tear, deterioration in value, loss and damage, however, lies entirely with the driver. There was no adequate compensation for this, since the driver is not free to choose the bicycle repair shop, for example.
No financial compensation is provided for the use of the cell phone. The complaining driver could therefore insist on a cell phone and bicycle provided by the employer. The Federal Labor Court followed this line of argument. “This contradicts the basic legal concept of the employment relationship, according to which the employer must provide the essential work equipment for the performance of the agreed activity and ensure that it is functional,” according to the BAG. The employer must take care of the work equipment.
(File number: 5 AZR 334/21)