• Research/Scholar Paper name – Uber Drivers – To what extent are they Independent Contractors?
  • Author: Vinayak Sankaranarayanan
  • Institution: National Law University Delhi
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 15/09/2022


This essay examines whether Uber Drivers ought to be classified as Independent Contractors or Employees. Whilst this essay specifically focuses on Uber Drivers, it is important to note that the arguments discussed below apply to all workers involved in what is popularly called a “Gig Economy”.  The advancement of the digital economy has created new technologies hinge on linking customers directly with sellers or service providers. This has resulted in the relegation of employees to the status of temporary workers, and thereby, making them dispensable. Enterprises in this new form of economy classify them as ‘self-employed.

The modern approach to classifying workers as employees or contractors has been to abandon the search for a single test, and instead to take a multiple or ‘pragmatic’ approach, weighing upon all the factors for and against a contract of employment and determining on which side the scales eventually settle. The following section relies on several different cases/tests enunciated which provide differing answers as to whether Uber Drivers are employees or contractors.

Uber Drivers – To what extent are they Independent Contractors?

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