Barcelona Prosecutor's Office information legal criticism in opposition to Glovo for using pretend freelancers | Economy | EUROtoday

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The Barcelona Prosecutor's Office has filed a legal criticism in opposition to these liable for Glovo for using false freelancers, as introduced The newspaper and the general public ministry has confirmed to EL PAÍS. Labor laws prohibits this apply and the Penal Code has punished it because the 2022 reform with jail sentences of six months to 6 years. When requested by this newspaper for a touch upon the matter, the corporate has declined to remark. The criticism has fallen on the Investigative Court quantity 31 of Barcelona.

The investigation that has led to this criticism derives from the report ready by the Labor Inspection and delivered to the State Attorney General's Office in October 2023 and which, as EL PAÍS reported, particulars lots of of particular instances of staff who needs to be salaried, however They ship for Glovo as self-employed staff.

This legal course of is added to the multi-million greenback fines imposed by the Inspection. The firm has collected a debt with Social Security of round 200 million euros in unpaid charges (73.4 derived from liquidation information and 127.2 million on which a assure has been established) and round one other 50 million in fines, a punishment that places the corporate in danger: Delivery Hero (proprietor of Glovo) acknowledges that the authorized issues it’s dragging alongside threaten the viability of the corporate.

“According to the inspections, this company could violate the Penal Code by not complying with the requests made to recognize its delivery workers as employees,” defined the Ministry of Labor.

The State Attorney General's Office acquired the Labor report in October 2023 and transferred it to the Occupational Health and Safety Unit “in case the reported events could be a crime against workers' rights.” In view of the report from that division, the criticism was despatched to the Barcelona Provincial Prosecutor's Office originally of January. The Barcelona Prosecutor's Office explains that it started its investigation in February and is now submitting the legal criticism.

Ley rider

The Government accredited the rider legislation in 2021 in order that supply individuals who function as false self-employed staff are protected by an employment contract as an alternative of a industrial contract. But Glovo, the principle firm within the sector, ignores the brand new laws, regardless of the million-dollar fines imposed by the Labor Inspection and the 2020 Supreme Court ruling that acknowledged the labor nature of the connection between the corporate and its supply drivers. Given this dedication to keep away from the laws, the Executive launched “the criminal route” final summer season, based on what the Secretary of State for Employment, Joaquín Pérez Rey, advised EL PAÍS. “We have formally required these companies to comply with the law so that they are aware that if they do not do so, it is no longer just a problem of economic sanctions, but also a problem of criminal sanctions,” he commented in an interview with this newspaper.

From the ministry they detailed that this discover to Glovo “was the prelude to the applying of article 311.2 of the Penal Code, lately modified; If these necessities don’t bear fruit, we’ll switch the pertinent documentation to the Prosecutor's Office in order that it will possibly take the suitable actions in accordance with this new legal regulation.” Since the company continues to operate with freelancers, Trabajo made good on its threat.

Until April, the Inspection Service has ordered the official registration of 40,889 false self-employed workers who deliver or have delivered for Glovo since the company began its activity (in 2014). To put this figure into context, it should be noted that the Catalan company currently employs around 12,000 delivery people, a figure that the company prefers not to detail. Industry experts point out that the actual number of riders it's even biggergiven the rental of accounts to third parties, normally to immigrants who sometimes lack a work permit.

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https://elpais.com/economia/2024-06-28/la-fiscalia-de-barcelona-presenta-una-denuncia-penal-contra-glovo-por-emplear-falsos-autonomos.html