For Stuart, subsidiary of La Poste accused of concealed work, the prosecutor requires the maximum sentence

Stuart delivery, in Paris, on September 16, 2022.

This is the umpteenth trial of a delivery platform. But it has a scent of novelty because it is the first time that it calls into question a company now 100% owned by a public group. Before the Paris court, on September 15, 16, 22 and 23, the company Stuart, a subsidiary of La Poste established in six countries and 125 cities, and its former manager, Benjamin Chemla, had to answer for the facts of concealed work in France. Also appearing was Mr. Chemla’s ex-partner, Clément Benoît, founder of the now defunct Resto In meal delivery platform.

Stuart is suspected of having maintained an employment relationship with his couriers when they were officially self-employed. The facts date back to 2015 and 2016. At the time, Mr. Chemla launched Stuart with the hope of “conquer Europe” by offering to small traders to deliver meals like parcels to their customers, in the face of fierce competition from the giant Amazon. In any case, this is the story told by the defendants in court.

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At the hearing, Mr. Chemla wishes to distinguish himself from platforms like Deliveroo, sentenced in July for similar acts of concealed work. “Stuart has nothing to do with this kind of platform”, assures the thirties. Stuart is ” different “he insists, because it is “a French model” and, unlike platforms that connect an individual and a delivery person, Stuart connects “a principal who is none other than Franprix or Pizza Hut, and a professional who wishes to be delivered ».

A “Free” model undermined

Throughout the proceedings, the defendants tried to defend the technological nature of the platform, “a computer transmission tool” which guarantees the independence of the deliverers thanks to the mode « free » of the application, which lets autoentrepreneurs choose their shopping area and their schedules.

A demonstration that did not seem to convince the court. According to the testimonies of couriers read at the hearing, Stuart actually appeared as the main ordering party for the deliverers: call to order following delivery delays, account deactivation in the event of repeated refusal of the trip, training sessions provided with a view to inculcating a ” behaviour ” to adopt…

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One of the delivery men, who still works for the platform, came to testify at the hearing. He notably mentioned traffic directives or even the cancellations of races imposed by the platform. His story undermined the model « free » behind which Mr. Chemla took refuge: the courier must actually honor two-thirds of the races which are proposed to him under penalty of receiving a warning, and of being disconnected from the network after two warnings.

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