• The Plenary session of the TSJ of Madrid ditch that Glovo distributors should be considered employees of the company

The business structure of home delivery platforms has once again been questioned by the courts with the latest ruling of the Superior Court of Justice of Madrid (TSJM), which has ratified a judgment of the Social Court number 19, determining that the 532 Deliveroo dealers are workers subject to an employment relationship with the company in which they provide their services and not self-employed, as the company maintains.

The sentence thus adds to that issued last November by the Superior Court of Justice of Madrid against Glovo, forcing the company to reinstate an employee of the company as an employee.

In the case of Deliveroo, the process was initiated by the liquidation records of the Labor Inspectorate against the relationship of "false freelancers" that Delivero (Roofoods) maintained with its distributors.

Deliveroo was taken to the courts by the Social Security at the request of the Labor Inspectorate, which denounced that the relationship of the distributors with the company is not that of some autonomous associates associated with the platform, but that of labor personnel. The UGT and CCOO unions joined the demand, which was already won in July 2019.

The Labor Inspection report determined that these distributors were under a "false appearance" of self-employed freelancers to "cover up" an ordinary labor relationship with the company 'Deliveroo'.

It is more than likely that the multinational will appeal the ruling in the next 10 days. UGT has indicated that the ruling serves in any case to apply the sectoral collective agreement to the 532 claimants. "We will also continue to work so that the autonomous fees are returned to all those affected and affected because they cannot be quoted twice, in the two Social Security systems, for the same activity." The return of fees by the agency would imply that it would demand them from the company.

On the other hand, Deliveroo has indicated that he studies his next steps in the judicial struggle. Both the delivery company and its competitors Glovo or Uber Eats defend the creation of a labor framework that improves their legal security. Meanwhile, he reiterates that "he collaborates with autonomous distributors", because it is the "modality that allows riders to have the control and benefits that work on demand provides them." "As freelancers, riders can choose whether they want to distribute or not, as well as when, how much and with whom to do it."

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  • Social Security
  • UGT
  • CCOO
  • Autonomous

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