• Glovo avoids the 'Rider Law' and maintains eight out of 10 distributors as self-employed

The imposition of

illegal conditions on workers

"through their hiring under

formulas unrelated to the employment contract"

, as well as their maintenance "against a requirement or administrative sanction", will be punished with

imprisonment from six months to six years

and a fine of six to twelve months, according to the change that the Government is going to include in the

Criminal Code

through an amendment registered this Friday in Congress by the parliamentary groups of the PSOE and United We Can.

Article

311 of the Criminal Code

currently establishes the aforementioned prison sentences for those who impose "through deceit or abuse of necessity" illegal working conditions that harm, suppress or restrict the rights recognized for workers.

They also apply to

those who hire a certain number of workers without a work permit or without registering

with Social Security according to the size of the company.

The amendment proposed by the government partners, of which Efe has reported, adds that "the same penalties will be imposed on those who

impose illegal conditions on their workers

by

hiring them under formulas unrelated to the employment contract,

or maintain them against requirement or administrative sanction", which is justified as a technical improvement.

The most paradigmatic case of hiring

false self

-employed workers has occurred in the field of

digital delivery platforms

and home services, for which the Government agreed to a law with unions and employers that established the presumption of employees of their employees.

The so-called

"Rider Law"

completed a year in August with the resistance of some companies with

Glovo

to apply it, which has led

to sanctions from the Labor Inspectorate.

Having false self-employed workers constitutes

labor fraud

in accordance with the Law on infractions and sanctions of the social order, which establishes

fines of between 3,000 and 10,000 euros.

At present it can also become a

crime

if the amount of

defrauded Social Security contributions

in the last four years total 50,000 euros.

According to the criteria of The Trust Project

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