Date
17 December 2020

Tag

Active

Country
Spain Spain
Geographical scope
National
Type
  • Type

    Employment contract

    Legal
  • Type

    Working conditions

    Legal
View Court ruling

Description

Madrid Court of Appeal (Tribunal Superior de Justicia) recognised the employment relationship of 69 migrants who did not have the relevant work permit but had a residence permit. It is the thirteenth judgment of a Superior Court in which the existence of an employment relationship is determined. UGT (General Workers’ Confederation, Unión General de Trabajadores) considers that Glovo cannot continue to conceal this labour fraud and urges the government not to allow this company to continue violating the law and even ignore the judgment of the Supreme Court in this regard.

The Court of Appeal ruled in favour of the workers, given (among others) the following reasons: * Dependency and Lack of Autonomy: Couriers' work schedules and earnings were controlled by Glovo's algorithm, limiting independence. * Economic Structure: Couriers did not negotiate prices; Glovo set rates and controlled payment processes. * Control and Supervision: Continuous geolocation tracking and performance evaluations through customer ratings indicated a high level of control. * Lack of Entrepreneurial Risk: Glovo's control over key business decisions and client relationships suggested couriers were not true independent contractors.

Finally, this ruling aligns with the Supreme Court’s earlier ruling (Judgement N. 805/2020)


Additional metadata

Keywords
representation, industrial relations, social dialogue
Actors
Platform, Employee organisation, Court
Sector
Transportation and storage
Platforms
Glovo

Sources

Citation

Eurofound (2020), Madrid Court of Appeal confirms employee status for Glovo couriers (Court ruling), Record number 4366, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/madrid-court-of-appeal-confirms-employee-status-for-glovo-couriers-103775.