The Supreme Court ruling that establishes that Glovo distributors should not be considered autonomous, as has been the case, sets the standard for subsequent rulings pending in the Spanish courts and serves as a reference for the new legislation that the Government envisions for workers in the digital platforms.

Both the Supreme Court and Yolanda Díaz, as stated by the Minister of Labor, advocate placing the distributors in a category other than that of self-employed, but there is still a need to file a regulation in which the employers' employers still have something to say, if not the companies themselves.

Some associations of

riders

, in fact, have already mobilized before the ruling of the Supreme Court and recall that the grouped distributors "have full freedom to register on any of the platforms that operate in Spain" and to "choose when they want to work or no, as well as accepting or not the orders ", therefore

" they are considered self-employed "

.

"The distributors want to maintain our independence and our autonomy," they recall from the Autonomous Riders Association, APRA and AsoRiders, with a view to Diaz's next steps to reach a new regulation concerning workers on digital platforms, which can range

from the Glovo or Deliveroo food delivery to the transportation service provided by Uber or Cabify

.

"The activity distribution across digital platforms is a new activity that offers economic opportunities to thousands of distributors who wish to

maintain their independence and flexibility.

The forced inclusion as labor in the general scheme of Social Security would deprive the deliverers of that flexibility

, as well as the freedom to modulate their dedication according to their personal needs ", these associations expose, which introduce a new point of view.

Union between freelancers to strengthen

Due to their limited scope, these associations have contacted the main representatives of the self-employed, such as ATA.

In fact, this organization led by the also vice president of CEOE Lorenzo Amor will soon meet with the signatories of the statement, to which this newspaper has had access.

"We are clear that we must respect the individual freedom of those who want to work as a self-employed as well as those who want to work as a salaried worker. We are

going to defend those who are self-employed and want to continue being so," they indicate from ATA

to this newspaper.

Thus, the fight in the courts of former rider Isaac Cuende, who has obtained a favorable ruling in the Supreme Court, has already generated misgivings in the group, which does not stop showing the potential impact of a court ruling that would support labor of those who today carry out their work as supposedly autonomous.

"Such laborization would not only negatively impact our freedom and the flexibility that we currently enjoy, but it

would

also

negatively affect our income,

" affirm these associations of

riders

, who show a different opinion from that expressed by another group of distributors, Riders x Derechos , with which the Department of Díaz has contacted.

The criterion that the minister has raised for the moment in any case should still be channeled through social dialogue, that is, from conversations with the representatives of workers and employers.

"The decision announced by the Ministry of Labor to regulate, forcing the inclusion of independent distributors in the general Social Security regime, is ultimately a paternalistic decision that has been adopted without taking into account the opinion and interests of the distributors ", these associations propose to Díaz.

There is still work ahead.

According to the criteria of The Trust Project

Know more

  • Supreme court

  • Yolanda Diaz

  • Social Security

  • Uber

  • Spain

  • Cabify

  • CEOE

  • Self-employed

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