- Phase
- Royal Decree-Law 9/2021, of 11 May (amending the revised text of the Workers' Statute Law, approved by Royal Legislative Decree 2/2015, of 23 October, to guarantee the labour rights of persons dedicated to delivery in the field of digital platforms);
- Native name
- Real Decreto-ley 9/2021, de 11 de mayo (por el que se modifica el texto refundido de la Ley del Estatuto de los Trabajadores, aprobado por el Real Decreto Legislativo 2/2015, de 23 de octubre, para garantizar los derechos laborales de las personas dedicadas al reparto en el ámbito de plataformas digitales);
- Type
- Algorithmic management
- Added to database
- 13 October 2023
Article
Royal Decree-Law 9/2021, of 11 May
Description
LAST UPDATE 2023 - THIS CONTENT WILL NOT BE UPDATED
In Spanish, a 'rider' is a delivery person who works for digital platforms. The so-called Rider Law was expected to affect between 18,000 and 30,000 people in Spain when it came into force in August 2021.
The main novelty is that delivery workers will be salaried and not self-employed. In other words, it is based on the premise that the workers who carry out their tasks on digital platforms are workers and have all the rights set out in the Workers' Statute regarding organisation, unionisation, social protection, contributions and salary. In fact, the Rider Law introduces a new additional provision on the presumption of employment in the activities of delivery or distribution of any type of product or merchandise, when the company exercises its powers of organisation, management and control, by means of algorithmic management of the service or working conditions, through a digital platform.
Furthermore, this is the first legislation that incorporates access to information on parameters, rules and instructions of the algorithms of artificial intelligence systems that affect labour decision-making. Specifically, it amends Article 64 of the Workers' Statute, on the rights of information and consultation of the legal representation of workers. Thus, the new Rider Act adds a new paragraph to section 4, which recognises the right of the works council to be informed by the company of the parameters, rules and instructions on which the algorithms or artificial intelligence systems are based that affect decision-making that may have an impact on working conditions, access to and maintenance of employment, including profiling.
Citation
Eurofound (2023), Spain: Algorithmic management, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/algorithmic-management/spain