The 'Glovo' phenomenon: the two faces of the new digital economy
The Supreme Court has recognized that the relationship between a delivery man and the Glovo company
has a labor nature,
and has refused to raise the matter to the Court of Justice of the European Union (CJEU).
In a statement, the Plenary of the Fourth Chamber of the Supreme Court indicates that it has considered the first reason for the appeal for the unification of doctrine filed by the company
after a ruling of the Superior Court of Justice of Catalonia (TSJC)
of March of this In this ruling, the TSJC considered
a former Glovo dealer fired in 2017 after two years of service
, and forced his reinstatement or compensation.
Now, the Supreme Court ratifies said criterion on understanding that the defining notes of the employment contract concur, examining in particular those of dependency and alienation.
For the Supreme Court,
Glovo is not a mere intermediary
in the contracting of services between businesses and distributors, but a company that provides delivery and courier services, setting the essential conditions for the provision of said service.
In addition, it is the
owner of the essential assets to carry
out the activity, the distributors or "riders".
These workers do not have their own autonomous business organization, but rather provide their service "inserted" in the employer's work organization.
According to the criteria of The Trust Project
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