The largest meals supply firm in Spain has employed 3,312 in Madrid riders as false self-employed between 2015 and 2018, that is how the Social Court quantity 32 of the capital has interpreted it. The ruling towards Glovo, to which EL PAÍS has had entry, is dated October 9, 2024 and includes, amongst different issues, the ex officio registration within the Social Security of the plaintiff supply drivers and their hiring as staff by judicial choice. Glovo faces extra courtroom proceedings over the identical subject, after resisting compliance with the Rider legislation efficient since 2022, which forces supply firms to rent their staff as staff. Glovo has not specified if it plans to enchantment the sentence, whereas ready for the effective issued by the Labor Inspection.
The 103-page ruling—54 of them devoted to the record of the names of the complainants—cites a Labor Inspection Report that maintains that “the relationship that unites the so-called glovers —Glovo delivery drivers— who perform courier and delivery functions with the company GLOVOAPP23 SL must be classified as an employment relationship.”
The courtroom has ratified the idea of Labor Inspection by ruling that, certainly, Glovo and its distributors keep a relationship “of an employment nature, with all the legal effects inherent to such a declaration.” Thus, in a single fell swoop, greater than 3,000 riders They have been ex officio affiliated with Social Security with a price that the supply firm should assume. Furthermore, the plaintiffs have develop into staff by courtroom choice.
The ex officio registration in Social Security is retroactive, so it acknowledges staff the interval they’ve been affiliated with Glovo as contribution time. Through this implies, greater than 40,000 Glovo staff have entered Social Security because the firm started working on September 9, 2014.
However, “they have excluded [de la afiliación a la Seguridad Social] “foreign workers who, providing services for the company, do not have the corresponding administrative authorization to work for others,” the ruling states.
At the nationwide stage, migrants with out work permits make up a substantial a part of Glovo’s fleet, say spokespersons for various unions. Fernando García Pallas, president of the UGT works council and Glovo worker, has calculated that “60% or 70% of the application accounts are rented.” Along the identical strains, David Martínez Fonseca, a supply driver since 2019 and affiliated with CGT, estimates that rented accounts are counted within the hundreds. Of the greater than 12,000 riders who work for the corporate, solely 2,000 are staff, though the opacity of the corporate doesn’t enable precise knowledge to be provided.
Subordinates and dependents
The ruling lists a number of components why the work of the supply drivers is “contrary to the supposed autonomy of the provision of the service.” For instance: “The fact that it is not the delivery drivers themselves, but the Glovo company itself that makes the invoices to the glovers for the services they have provided in the period set by Glovo, and based on the price unilaterally established by it” inhibits the flexibility to barter remuneration that characterizes the self-employed employee regime.
The ruling particulars that the testimonies of the Glovers who appeared earlier than the Labor Inspection converge in that “they did not participate in the negotiation of any of the clauses of the contracts, but limited themselves to signing them; which demonstrates the existence of absolute subordination of the distributors to the company and the non-existence of the alleged business between two balanced parties.” To settle doubts, the choose has concluded that “the fact that the payment was made through the issuance of invoices and even that the amount thereof was not fixed, cannot serve by themselves to exclude the presumption of employment of a benefit. of services.”
Glovo has pressured earlier than the courtroom that it permits its supply drivers to activate themselves within the cell utility when the riders they need, with out requiring any schedule, which within the firm’s opinion is an indication of autonomy. The courtroom has not seen it this manner when stating that “the invoked freedom of supply staff to decide on days and hours of labor, and even to simply accept or refuse particular companies, doesn’t deprive the availability of companies of their labor character, nor does it endow it with the alleged autonomy
The lawsuit was filed by the General Treasury of Social Security (TGSS) on February 26, 2020. Glovo tried to knock it down below allegations of expiration of the file and, subsequently, formal defects within the presentation of the grievance. Both arguments have been rejected by the choose.
An in depth document
What has already been sentenced in Madrid continues to be being judged in Barcelona, the place a choose has summoned the pinnacle of Glovo, Óscar Pierre, to testify on December 3 for against the law towards staff’ rights, additionally for false self-employment.
The State’s judicial campaign towards the supply firm started with a ruling from the Supreme Court (TS) in 2019. It was the primary ruling that acknowledged the presumption of employment of the riders. However, since it’s a presumption, it doesn’t act as a common rule, however have to be judged on a case-by-case foundation, as has already been carried out in Madrid and Barcelona.
The choice of the Supreme Court led to the approval of the so-called Rider legislation, that some supply firms, akin to Glovo and Uber Eats, have ignored till right now. Of these dusts are these sludges that right now muddy the titan of supplywhich faces potential fines within the quantity of 950 million euros (as much as 550 million for the sanctions and one other 400 for the investigation opened by the European Commission).
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