New judicial blow to home delivery platforms. The social court number 24 of Barcelona has ruled that 748 delivery drivers of the Deliveroo application are false self-employed, in line with the ruling of the Supreme Court that in September ruled that the relationship between Glovo and a delivery person was labor.
The ruling obliges the British multinational to register hundreds of couriers with Social Security and pay them the fees corresponding to the period they served (2016 to 2018). The case responds to a macro-complaint filed by the Labor Inspectorate, an action that it has also carried out against other companies and in other communities. In fact, two macro-lawsuits are waiting to be held in Barcelona in relation to the Glovo and Stuart platforms. In Madrid, the Supreme Court must also rule shortly on a similar macro case against Deliveroo.
Nacho Parra, a lawyer who has led the defense of the workers, comments that the 24th court uses two basic criteria to support its decision: dependency and alienation. “The platform has absolute control of the application, which is the essential element for the provision of the service and not other means such as the bicycle or the mobile phone. Furthermore, it is the company that assumes the risk in the correct development of the service.”
Parra comments that the company can be expected to appeal the sentence to a higher court, as it has done on previous occasions. The RidersxDerechos union celebrates the resolution on Twitter and assures that 47 are already in favor of the labor force of workers.
The group is also pending the approval of a law that regulates the situation at the state level. The social agents are meeting this week with the Government to advance negotiations that are taking longer than expected.