Date
18 November 2020

Tag

Active

Country
Spain Spain
Geographical scope
National
Type
  • Type

    Employment contract

    Legal
View Court ruling

Description

TheEmployment Court (Juzgado Social) No. 24 of Barcelona has determined that 748 Deliveroo riders operated as false self-employed and recognised the employment relationship between the riders and the company. The ruling is from a first instance court with an option for appeal. The lawsuit was filed in 2018, and reinforces the same criteria as set the Tribunal Supremo in a case between a courier and Glovo.

The riders argued that they were integrated into Deliveroo's organisational structure, subject to its managerial control, and lacked significant autonomy; they also highlighted their lack of ability to negotiate terms, the monitoring of their performance via GPS (controlling), and the imposition of penalties for rejecting tasks (directing and controlling).

The court ruled in favour of the 748 riders, determining their relationship with Deliveroo to be of a labour nature, classifying them as employees.

Motivation for ruling in favour of employment:

  • Organisational control: The riders were integrated into Deliveroo's organisational and managerial structure.

  • Dependency: Riders were dependent on Deliveroo's system for work allocation and payment.

  • Lack of autonomy: Deliveroo dictated significant aspects of how the work was performed.

  • Performance monitoring: Use of GPS and other metrics to control and evaluate riders' performance.

  • Economic risk: Riders did not assume typical business risks; these were borne by Deliveroo.

Link to Judgement No. 259/2020 (SENTENCIA Nº 259/2020


Additional metadata

Keywords
employment status
Actors
Court
Sector
Transportation and storage
Platforms
Deliveroo

Sources

Citation

Eurofound (2020), Barcelona court rules in favour of employment relationship for 748 Deliveroo riders (Court ruling), Record number 2692, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/barcelona-court-rules-in-favour-of-employment-relationship-for-748-deliveroo-riders-103841.