Date
26 June 2023

Tag

Active

Country
Spain Spain
Geographical scope
Regional
Type
  • Type

    Provision of insurance and social protection

    Legal
  • Type

    Employment contract

    Legal
  • Type

    Working conditions

    Legal

Description

The Social Court number 15 in Barcelona has recognised the employment relationship between those in the occupation of cleaning and digital platform Clintu Online. The Court rules that the company, which is considered a digital platform for the provision of cleaning services, is not only an intermediary between cleaners and customers. Instead, it is a provider of cleaning services which controls the assignment of tasks to cleaners and manages interactions with clients directly. The Court has ordered Clintu Online to pay 1.29 million in arrears in Social Security contributions.

The Courts decision and conclusions align with a previous finding from the Labour Inspectorate. The Inspectorate was first handed the complaint initiated by the main trade union for the industry, CCOO, in 2020.

The Court's conclusions are as follows:

  • Clintu Online controls and assigns work, as well as provides full coverage of the services requested by clients, while workers received orders and instructions from Clintu Online.
  • Workers were limited by the structure and organisation of the platform. This included hourly parameters for the provisional service and interviewing workers, filtering profiles of the workers with regard to age, residence in Spain and experience level.
  • Cleaners were not able to engage with clients via their own operational tools, restricted to the contact the digital platform engaged in, as well as how the platform chose to manage the communications.
  • The price for the provision of services was set directly between the platform and the client, ranging from between €9 to €25.

The ruling states that the decision follows their investigation which finds the current relationship is illegitimately based on precarious female workers and perpetuates precariousness, decentralisation, and outsourcing of work.


Additional metadata

Keywords
autonomy and control, platform characteristics and business model, working conditions, employment status, platformisation of work
Actors
Employee organisation, Court
Sector
Activities of households as employers
Platforms
Clintu Online

Sources

Citation

Eurofound (2023), The Social Court in Barcelona, Spain, rules Clintu Online and the workers are in an employment relationship (Court ruling), Record number 4276, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/the-social-court-in-barcelona-spain-rules-clintu-online-and-the-workers-are-in-an-employment-relationship-110039.