The Commission found that Ms. Gupta was an independent contract, a worker or a “neutral” contract (a factor that did not contribute to either argument). it is likely that such a worker will be considered a worker and not a contractor. If you operate a business and you don`t know if your employees or users can be employees or contractors or if you need help with your terms and conditions of sale, we`re here to help! If a positive answer to all three questions is provided, the worker is considered an independent contractor. Therefore, in the case of one of the questions that receive a negative answer, a working relationship is established. Thus, when applying the AB5 provisions to the Uber model, if they are qualified as employees under the proposed test, drivers would be entitled to protection enshrined in California labour law, when they would no longer be allowed to claim certain expenses against their taxes. In addition, Uber would be required to pay payroll taxes. Uber Eats responded by arguing that Ms. Gupta was an independent contractor and therefore was not eligible for unfair dismissal. Does Uber Eats employ suppliers to provide delivery services (which could indicate a relationship of collaborator or contractor)? Or do delivery drivers use Uber Eats as a technology platform in the supply of food products (which does not indicate an employee relationship or a contracting relationship), in the same way that they could use Google Maps? In the recent case of Gig Economy workers, it was found that an Uber Eats driver is an independent contractor and not an Uber Eats employee.