Labour Court ruled that a Cabify driver was
misclassified and should be registered as an employee.
On 31 August 2021, in re "Bolzan José Luis vs.
Minieri Saint Beat Guillermo Mariano and others", the
First Instance Argentine Labour Court ruled that a driver of Cabify
was misclassified as contactor and therefore, was under an
unregistered employment relationship with Cabify, ordering payment
of severance compensation, labour fines and salary differences due
to his misclassification.
Section 23 of the Argentine Labour Contract Law No. 20,744 set
forth that any provision of services by an individual to a third
party in a regular manner, allows for the legal presumption of the
existence of an employment relationship, unless otherwise proven.
Based on such legal rule, the company to which an individual
provides services has the burden to prove that no employment
contract has been entered.
