June 25, 2026

Author: Lawyer Enrico Germano

The increasing digitalization of the economy has profoundly transformed the way work is organized, giving rise to new forms of work performed through digital platforms. This context includes the phenomenon of the so-called gig economy, characterized by fragmented, flexible activities, often managed through IT applications developed by companies such as Uber and Uber Eats. These organizational models challenge traditional labor law categories, based on a clear distinction between subordinate employment and independent work.

In Swiss law, employment contracts are governed by Articles 319 et seq. of the Swiss Code of Obligations (Federal Act on the Amendment of the Swiss Civil Code), which identify subordination as the fundamental distinguishing criterion for classifying a relationship as dependent employment.

However, the operating methods of digital platforms make it increasingly difficult to apply this criterion according to traditional models. Platform workers, in fact, formally enjoy a certain degree of autonomy—being able to choose when and whether to work—but are simultaneously subject to pervasive forms of algorithmic control, exercised through geolocation systems, automatic task assignments, and rating mechanisms. This results in a hybrid situation in which elements of autonomy and subordination coexist, raising significant questions about the proper legal classification of the relationship.

In the absence of specific legislation on platform work, case law, particularly the Federal Supreme Court of Switzerland, has played a key role. Recent decisions regarding the services offered by Uber and Uber Eats have gradually clarified that platforms cannot be considered mere technological intermediaries, but rather entities that exercise significant organizational and managerial power over workers. Through a substantive approach, based on the primacy of economic reality over formal qualifications, case law has therefore recognized, in several cases, the existence of a subordinate employment relationship or has classified these models within the scope of lending work governed by current legislation.

In light of these developments, this article aims to briefly analyze the legal classification of platform work in Swiss law, with particular attention to the role played by case law in filling regulatory gaps. The objective is to determine whether the currently available legal instruments are adequate to regulate these new forms of work or whether specific legislative intervention is needed.

To this end, the analysis will be structured in several phases. First, the current regulatory framework will be examined, with reference to the employment contract and similar provisions under Swiss law. Second, the characteristics of platform work and the challenges it poses in terms of its legal classification will be explored. Subsequently, an analysis of the Federal Supreme Court’s case law will be conducted to identify the interpretative criteria adopted and their evolution over time. Finally, the summary analysis will consider the main outstanding issues and potential reform prospects, also in light of developments in European law.

This course aims to demonstrate how Swiss Employment law is currently in a phase of adaptation to the transformations brought about by digitalization. Case law plays a central role in this process, but it is not always sufficient to ensure legal certainty and adequate protection for workers.