Date
22 January 2021

Tag

Active

Country
Spain Spain
Geographical scope
National
Type
  • Type

    Employment contract

    Legal
View Court ruling

Description

The Spanish Social Security Treasury filed a lawsuit to classify Deliveroo riders as employees rather than self-employed, arguing that they were subject to a labour relationship with Roofoods Spain S.L. (Deliveroo) during the specified period. Couriers claimed they were employees due to the structured and directed nature of their work. Deliveroo's use of algorithms to manage tasks, provide instructions, and monitor performance was cited as evidence of the company exerting control, akin to directing and controlling functions. The court ruled in favour of the couriers, declaring them employee - First instance ruling by the Madrid Labour Court (Juzgado de lo Social nº 19).

the Madrid Labour Court had decided that Deliveroo riders were to be classified as employees, which affected about 500 workers. Motivation for Ruling:

  • Organisation and Control: Deliveroo used algorithms to manage the couriers' schedules and tasks, indicating control over their work.
  • Dependency: Couriers were integrated into Deliveroo's business model, receiving instructions and support from the company.
  • Economic Dependence: Couriers lacked significant control over their earnings and work conditions, relying on Deliveroo for assignments.
  • Provision of Tools: Deliveroo provided branded materials and access to their application, demonstrating control over work methods.
  • Lack of Entrepreneurial Freedom: Couriers could not negotiate terms or prices, showing lack of independence.

Further information:  Spanish Courts Rule Against Deliveroo: 'Riders Are Not Self-Employed


Additional metadata

Keywords
algorithmic management, employment status
Actors
Platform, Court, Administrative authority
Sector
Transportation and storage
Platforms
Deliveroo

Sources

Citation

Eurofound (2021), Madrid Labour Court Rules Deliveroo Riders Are Employees (Court ruling), Record number 3054, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/madrid-labour-court-rules-deliveroo-riders-are-employees-103080.