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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