Ubers ønske om genetablering på det danske marked: En retspolitisk analyse af den arbejdsretlige kvalificering samt den efficiente risikoallokering

Elif Sivrikaya & Ramila Khalil

Student thesis: Master thesis

Abstract

The purpose of the thesis is to examine whether Uber’s wish to re-establish on the Danish market, can be done without any obstacles. This hypothesis emanates from the previous experiences from Uber’s original entry onthe Danish market back in 2014. Uber was met with a number of requirements, that was expected to be complied with, before their establishment would be accepted by the Danish government. The requirements were difficult for Uber to comply with as it would cause fatal consequences for their business model. Uber have now communicated, that they wish to re-establish on the Danish market, and this time comply with the Danish legislation. To examine the potential obstacles that Uber can be met with this time, the classification of the employee-term is examined. The legislationon the area is studiedto derive if there exist a general and clear classification of when a person should be regarded as a “employee”. Legal literature on the area is included as well, to support the understanding of the classification-rules fully. It is concluded that the studied legislation and legal literature points more to classify Uber as an employerand the drivers as the employees, but it can not be fully determined, as Uber and the drivers in many ways do not fit in to the traditional classification as it is known in Danish law. More over it is concluded, that the classification regarding the “employee”-term is quite unclear, which can lead to a later EU-problem.The above sets the stage of the economic analysis, which compare the traditional taxi-market with Uber. It is concluded, that the taxi-market and the legislation behind, have decided that all risk should be appointed to the one who best can carry it, which is under no circumstance, the driver. This rational, that also comply with economic theory, can not be find in Uber’s situation, as all risk is appointed to the driver. The thesis conclude that all risk should be appointed to Uber as a firm, and not the driver who is the more risk-averse part in the relationship. Although, to appoint all risk to Uber, can lead to regard Uber as an employer in legal sense, which is not in Uber’s interest. Lastly the thesis tries to combine the legal and economic analysis and figure out a solution that takes both analysis’ conclusions into account. It is proposed, that the Danish government should acknowledge the importance of being accommodating of the firms of sharing-economy, as they in many ways are the beginning of the evolution that will eventually challenge the traditional labour market as we know it today. On the other hand, the importance of maintaining the welfare and the values of the Danish labour market are also acknowledged, and respected, why it is recommended to introduce a third term in the classification in the Labour market.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2018
Number of pages117
SupervisorsThomas Rønde