Date
11 June 2019

Tag

Active

Country
Spain Spain
Geographical scope
Local
Type
  • Type

    Employment contract

    Legal
View Court ruling

Description

A group of platform workers in Spain sued Roodfoods Spain, the brand operates as online food delivery platform Deliveroo in Spain, for terminating their contracts which was pertinent to their labour rights. In June 2019, the court declared the existence of violation of fundamental rights in the conduct of the company to terminate the contracts with them and declared the nullity of the articulated dismissals.

The case involves the employment status of Deliveroo riders, debated as either independent contractors or employees. The conflict arose after Deliveroo terminated service contracts with several riders following disputes over working conditions and the formation of a union section. The court examined whether these riders were employees under Spanish law.

Defendant's Arguments for Employee Status: - Riders worked under the company's organisational framework, indicating organising. - Deliveroo provided instructions and training, aligning with directing and leading. - The company's control over riders was facilitated through technology, reflecting controlling. - Riders' inability to freely reject work without consequences pointed to dependency.

The court ruled in favour of the riders being classified as employees.

First instance, issued by the Juzgado de lo Social núm. 31 Barcelona.Court ruling here

. Motivation for Ruling in Favour of Employee Status: * Integration: Riders were integrated into Deliveroo's organisational structure. * Control: Deliveroo's app controlled work distribution and performance monitoring. * Dependency: Riders were dependent on Deliveroo's platform for tasks. * Instructions: Detailed instructions were provided, indicating control. * Penalties: Riders faced consequences for not adhering to company directives.


Additional metadata

Keywords
social protection, autonomy and control
Actors
Court
Sector
Transportation and storage
Platforms
Deliveroo

Citation

Eurofound (2019), Barcelona Court Ruling: Deliveroo Riders Recognised as Employees -GCJ case - SJSO 2253/2019 (Court ruling), Record number 3105, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/barcelona-court-ruling-deliveroo-riders-recognised-as-employees-gcj-case-sjso-22532019-102540.