The first great collective victory of the ‘riders’ against Deliveroo.
A judgment of the Social Court No. 5 of Valencia recognizes the existing contractual relationship between Roodfoods Spain S.L.U., parent company of the British multinational, and 97 delivery riders of València.
(Valencia is in the Paisos Catalans region but not part of the Catalonia region — Translator(
Translated from article in Castillian of PILAR ARAQUE CONDE @ pilarac4 in the on-line newspaper Publico by Diarmuid Breatnach.
The complaints presented by Social Security’s General Finance in different courts against the Deliveroo labour model begin to be resolved. A judgment from Social court No.5 of Valencia ruled that 97 riders of the delivery company are employees and not self-employed, this being the first great collective victory of the workers of the platform Riders x Drets (Riders for Rights) and Intersindical Valenciana, according to the collective’s statement on Thursday.
(Source: Publico)
Last year, Víctor Sánchez became the first worker in Spain to obtain a final judgment against Deliveroo, after Social court Number 6 of València declared his dismissal “unfair”. Deliveroo then accepted the ruling that for the first time questioned the legality of the business model of the distribution firm, maintaing that the riders are falsely self-employed.
The titular magistrate of Social Court No. 5 of València now recognises the existing contractual relationship between Roodfoods Spain S.L.U., the company that owns Deliveroo, and the 97 workers in Turia city. The ruling states that the workers “provide their personal services, inserted in the business organization to which the means of production belong – Deliveroo’s digital platform – according to the criteria and distributions that it establishes and assigns, receiving remuneration, which also establishes the company “, according to the text accessed by eldiario.es.
The judge adds that “the real means of production in this activity are not the bicycle and the mobile phone that the rider uses, but the digital platform of matching supply to demand owned by the company and without which which the provision service is not feasible”. In this way, Deliveroo is the one who determines the orders and schedules of the workers, and not the employees themselves, despite being categorised and taxed as self-employed.
“It is intended that the rider is free or not to accept an order without unfavorable consequences, but it was proved that the service of the rider is valued at different grades, which obviously will be taken into consideration by the order allocation algorithms” explains the judge. And she refutes the argument used by Deliveroo: “The fact of being able to reject orders does not constitute a capability or power that can condition the business activity,” he stresses.
SEVERAL PENDING LAWSUITS
The ruling, made public this Thursday, responded to the lawsuit filed in April 2018 by Social Security against Deliveroo, following a notification from the Labour Inspectorate. The state agency claimed more than 160,000 euros for Social Security contributions that were not paid by the company. Later, the Labour Inspectorate offices in Madrid, Barcelona, Alicante and Zaragoza, among other cities, did the same in the various courts.
Social Court No. 29 of Madrid will be the next to rule on whether these workers should be considered salaried employees of the British multinational and not self-employed, since the trial, which affects more than 500 delivery people in the region, was held for sentencing on May 31st.
GLOVO’S LABOUR MODEL, ALSO CHALLENGED
Glovo’s labour model has also been challenged before the courts. In this case, several judgments have determined that the company’s distributors had an “employment relationship” with the company and ordered their reinstatement.
This digital platform is also involved in the controversy after a worker died when being run over by a garbage truck while delivering. The young man, 23 years old, “was not a collaborator” of Glovo, although he carried its backpack. His death sparked protests about the precariousness of the sector.
And the fact is that Glovo, Deliveroo and Uber Eats continue to operate without a regulation that guarantees the rights of their workers. Also, taking into account that the number of employees in the sector is around 17,000, UGT (one of the major trade unions in the Spanish state – Translator) estimates that Social Security loses a potential 93 million per year due to this situation, figures that it estimates will be three times greater in 2020.
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