The contract shows that the first five criteria for «employment», as set by the Supreme Court, are met: Ola appoints the drivers, Ola sets the prices and determines the amount a driver receives, Ola dismisses a driver for breach of conditions and the driver is at Ola for a fixed period of three years. Is there sufficient driver control and monitoring from Ola? On the other hand, Ola itself limits its own «responsibility» to a total of 200 for all MSA failures. In addition, Ola requires that the driver be available only to Ola and no other competitor. As we see in the contract, far from being empowered as an independent contractor to freely choose their working time, Ola drivers have little freedom of decision or control over their work and are subject to Ola`s whims in terms of pay and terms of service. There is also no real mechanism to address malfunctions. There is a poorly worded clause of discord which, disconcertingly, allows the party to file a complaint in court while mediating privately! Given that there is no provision for collective bargaining or that a transparent procedure for assessing driver complaints is not provided, it is perhaps not surprising that the drivers of the Ola have found no way to express their misfortune, other than a strike. New Delhi: Uber has updated its terms and conditions for its customers in India and announced the changes on Monday. The communication contains, among other things, legislation relating to the transmission of drivers` and drivers` data. The amendments will take effect on October 1, 2019. Uber`s terms and conditions show that it does not offer any transportation services of any kind. Uber says it`s simply a «technology platform» that allows its users to coordinate transportation services with independent third parties.
All it does, according to the CGV, is to group all the taxi drivers around the customer`s location that they can transport to their destination. «The changes were made in light of the proposed changes to data protection and localization laws expected by the Indian government. As Uber is a U.S. company, driver and user data is stored on the U.S. server,» Pandey said. A portion of the complaint may be attributed to a number of allegations by application-based taxi companies. Drivers are told that they are «partners» – free agents who are not employees and who are free to choose their hours under the terms of the contract. They are evaluated by users and, in fact, taxi companies say, they only put drivers in contact with passengers who want to go from one part of the city to another. Again, fares are lower, commissions are falling and competition from other Uber drivers is increasing. Kemal, like many of his colleagues in India, bought an expensive new car on loan, but is fighting for loan repayments because of uber`s changing fares and conditions. In addition, there are detailed lists of what the driver should not do and penalties that Ola can impose on him for it.
Penalties range from fines of 5,000 people to termination of the contract with immediate effect. For example, the driver is required to keep the car and dashboard clean. If not, a 300% fine warning. is inflicted for the first time on each subsequent defect. On the other hand, a driver who drives while intoxicated is immediately suspended and imposes a fine of 5,000 people. Nor can a driver refuse an obligation entrusted to him by Ola by turning off his phone and will ask for a fine of 2,500 aff. if he does. The Master Service Agreement (MSA) covers all aspects of the driver-Ola relationship.
It is valid for a period of three years and lists the specific obligations and rights of each party.https://wikifama.com/uber-driver-agreement-india/