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Description

Following an agreement reached with the 'State Federation of Services, Mobility and Consumption' of the General Union of Workers (FeSMC-UGT) and the 'Federation of Services of Comisiones Obreras' (CCOO) in the National Court, 'Portier Eats Spain' (the delivery division of Uber) has acknowledged the collective dismissal of more than 4,000 delivery drivers in August 2021. The company has recognised that the original collective dismissal was not in accordance with Spanish law.

In August 2021, each delivery driver received a notice of disconnection from the platform before the 'Riders law’ was entered into law. This Law, aimed at platforms perceived to be falsely classifying delivery couriers as self-employed, introduced a presumption of employment for those providing such services through digital platforms.

FeSMC-UGT and CCOO-Servicios challenged last year before the National Court what they considered the de facto collective dismissal of more than 4000 Uber delivery drivers. The court initially dismissed the challenge but in a ruling in July 2022 the Supreme Court revoked the lower court's decision, deciding that the unions could challenge the dismissal and triggering a retrial. "This is a historic agreement, as for the first time a collective dismissal of delivery workers is recognised in court and guarantees the payment of compensation for each of those affected, in amounts that improve on those established by law", stressed UGT.

Portier Eats Span will pay compensation to each of the affected riders for the amount of 45 days salary per year of service, with minimum compensation, depending on seniority and the remuneration received in the last year. In this regard, the delivery division of Uber will proceed to send in the next four months to each of the 4404 delivery people affected a message by email, which will communicate the agreement reached and the amount of compensation that corresponds to the dismissal.

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Additional metadata

Keywords

undeclared work, employment status, regulatory changes

Actors

Platform, Employee organisation, Court

Sector

Transportation and storage

Platforms

Portier Eats

Sources

• CC OO y UGT denuncian a Uber Eats tras el despido de 3.000 repartidores (9 September 2021)
• Uber reconoce el despido colectivo de más de 4.000 repartidores en España (13 December 2022)
• Portier Eats Spain (13 December 2022)

Related initiative

• Riders’ law

  The Riders’ law recognises food delivery riders working for digital platforms as employees rather than independent contractors under specific circumstances. It is the result of a tripartite collective bargaining agreement …

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