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Ridesharing company Uber does not have a traditional employment relationship with its drivers, the Fair Work Ombudsman has ruled.

The decision follows an investigation into how the two parties interact on a workplace basis.

“The weight of evidence from our investigation establishes that the relationship between Uber Australia and the drivers is not an employment relationship,” Fair Work Ombudsman Sandra Parker said in a statement on Friday.

“For such a relationship to exist, the courts have determined that there must be, at a minimum, an obligation for an employee to perform work when it is demanded by the employer.”

The fact that Uber drivers have control over when, where and for how long they work was a key factor in the ombudsman’s decision.

“Our investigation found that Uber Australia drivers are not subject to any formal or operational obligation to perform work,” Ms Parker said

Evidence examined as part of the investigation included drivers’ contracts, log on and log off records, interviews with drivers, ABN documents, payment statements and pricing schedules.