Description
The Labour Court No. 4 of Donostia-San Sebastián has ruled that there is a employment relationship between the company Glovo and 168 of its delivery riders.
The Labour Inspectorate of Gipuzkoa initiated proceedings in April 2022 against Glovo prompting the General Treasury of the Social Security to file a lawsuit. The company was accused of failing to register and pay social security contributions for 168 workers between October 2018 and December 2020, amounting to 410,587.71 euros.
Glovo argued that its delivery riders are to be considered as self-employed because they can freely accept tasks through the company's app, choose their working hours, and can reject orders without penalties. However, the employment court ruled that that these delivery riders are in fact employees, because the company actually organizes, directs and controls their activities through the app. The court stated that the app is not just a coordination tool but a work instrument that covertly manages and supervises the riders' work. Additionally, the court noted that the riders must report their location to Glovo and do not have the freedom to set prices for their services.
The ruling emphasized that this relationship meets all the requirements of Article 1.1 of the Workers' Statute, as the riders voluntarily provide paid services within the framework of Glovo's organization and direction. It is also in line with the principles established by the Platform work directive (EU 2024/2831).
The decision is not final and can be appealed to the Labour Division of the High Court of Justice of the Basque Country.
- Keywords
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employment status
- Actors
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Platform,
Court
- Sector
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Accommodation and food service activities
Sources
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On November 11th 2024, the new EU directive 2024/2831 on improving working conditions in platform work was published in the Official Journal of the EU. It ented into force on …
Spain
