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Riders Law: A court in Córdoba recognizes the employment relationship between Glovo and 222 workers | Economy

A Glovo delivery man in Madrid, in August 2021.
A Glovo delivery man in Madrid, in August 2021.EFE/Juan Carlos Hidalgo (EFE)

According to a court in Córdoba, the riders No They are self-employed who maintain a punctual relationship with Glovo, as the delivery company has defended so many times. There is an “employment relationship” according to the ruling issued on May 19 by the Social Court number 3 of the Andalusian city and released this Monday in a press release from the General Council of the Judiciary. The ruling follows the path of others issued in recent years by other courts, which also recognized that Glovo distributors are workers. The most important was the one issued by the Supreme Court in September 2020: “The relationship between a delivery person and the Glovo company is of a labor nature.”

The ruling of the Cordovan court is the response to a lawsuit filed by the Ministry of Inclusion, Social Security and Migration, against which there is an appeal before the Social Chamber of the Superior Court of Justice of Andalusia (TSJA). To questions from this newspaper about this sentence, Glovo limits itself to answering that “it corresponds to a labor inspection carried out between June 2018 and October 2019”.

In his sentence, the magistrate provides several arguments that, in his opinion, prove the employment relationship between delivery people and Glovo. One of them is that the company’s system establishes covert working hours: “You have to understand that beyond putting establishments in contact with delivery men, Glovo has signed different contracts with the establishments that provide the most services and that these establishments have some demand peaks on certain days and times (especially on weekends at night)”.

Thus, the establishments “have an interest in the delivery men adapting their activity to the existing demand, and for this reason they sign distribution phases with Glovo that are authentic work schedules in which the need for a greater or lesser number of delivery men is established. active”. The judge acknowledges that “there is a freedom to connect on the part of the distributors”, but, he adds, “this is apparent, since Glovo devises a quality or evaluation system that fundamentally rewards that you join in hours of high demand”. “If the worker does not opt ​​for these hours and way of working (70% of his assessment), he is relegated in the score and is unable to choose the following work schedules in the first positions, so he returns to be penalized with a lower score”, he adds.

The judge considers that Glovo “maintains the power of management and organization of the employment relationship that regulates article 1 of the Worker’s Statute, an element that by itself makes it declare that the relationship that unites the parties is of a labor nature.”

The sentence points to other tests of the employment relationship: that the work of the delivery men is valued by the clients; the power to inspect the activity with the collection of complaints and a geolocator; the instructions on how the work should be carried out, or the causes for termination of the relationship included in the signed contracts, “constitute a covert disciplinary regime.”

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This sentence comes a year after the approval of the call riders law, aimed at ensuring that the delivery people of the digital platforms are salaried and not falsely self-employed. The rule served to regularize the situation of thousands of workers and aroused the rejection of the companies that implemented this system, such as Deliveroo, which left the Spanish market.

Glovo announced in July of last year that hired about 2,000 workers in Spain, but another 8,000 delivery men remained self-employed. The company’s resistance to regularize its riders has caused the Labor Inspectorate to impose a fine of 8.5 million euros. This sanction, issued in November 2021, recognized the employment relationship of 1,316 company distributors in Seville.

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