Case No 5 AZR 334/21 (2021)

Citation/case number: 5 AZR 334/21
Country: Germany
Year: 2021
Court: Federal Labour Court
Status: Determined

Topic/theme: Benefits
Issue: Provision of equipment
Claimant type: Individual
Respondent type: Corporation
Legislation considered: German Civil Code, ss 307, 611a, 618, 670

Factual background and procedural history

The claimant commenced working as a "Scoober" food delivery rider on 13 December 2016 pursuant to a contract with the respondent company. The claimant used a privately-owned bicycle and smartphone to do so. The information required to complete each job was sent via a mobile app, which required about two gigabytes of data volume per month. For the use of his bicycle, Scoober provided the claimant with a voucher of €0.25 per worked hour for bicycle repairs, to be redeemed at specific partner businesses.

On 3 September 2019, the claimant filed a lawsuit at the Labour Court Frankfurt am Main. He argued that, pursuant to section 307 of the German Civil Code, the general terms and conditions of his contract with the respondent were invalid, as the contract stated that he had to use his own bicycle and smartphone and there was no adequate compensation scheme for this usage. The respondent argued that the contract terms and conditions were valid, as the claimant was not at any inadequate disadvantage and had an opportunity to receive compensation through reimbursement of expenses under section 670 of the German Civil Code and the bicycle repair vouchers.

The Labour Court dismissed the claimant's case. A further appeal to the Regional Labour Court of Hesse was granted, and the court decided in favour of the claimant. The respondent subsequently appealed to the Federal Labour Court.

Key issues for determination

(1) Were the general terms and conditions of the claimant's contract with Scoober valid under section 307 of the German Civil Code; and (2) if so, was the respondent obliged to provide the claimant with adequate work equipment, specifically a bicycle and smartphone?

Finding

 The court found that the condition within the claimant's contract requiring him to use his own bicycle and smartphone was invalid according to section 307 of the German Civil Code. The court held that the claimant had a right to be provided with essential work equipment by the respondent under section 611a(1) of the German Civil Code. This equipment needed to be adequate for the specific work stated in the contract. As a delivery rider, the claimant was entitled to be provided with a roadworthy bicycle (pursuant to section 618 of the German Civil Code) and a smartphone with two gigabytes of data per month.

Outcome

The court held that the respondent was obliged to provide essential work equipment for the claimant, including in this instance a bicycle and a smartphone.

Link to Federal Labour Court judgment: https://www.bundesarbeitsgericht.de/entscheidung/5-azr-334-21/ 

Link to Regional Labour Court Hesse judgment: 

https://www.rv.hessenrecht.hessen.de/bshe/document/LARE210001075