The union demands to enforce the Spanish labor law so Deliveroo riders will no longer be considered self-employees –and therefore will no longer have to pay their own Social Security fees.įor its part, Deliveroo claims that it “has continuously advocated for a legal reform that allows companies to offer autonomous riders more security, without compromising flexibility.”
“These layoffs have reached the courts, which have ruled in favor of the workers.”įor Intersindical Valenciana, the role of the Labor Inspectorate “has been key” in the proceedings and believes that the Ministry of Labor has to “act ex officio and increase vigilance" towards companies that do not comply the Spanish legislation. “One of the most relevant cases has been the dismissal of several riders for participating in strikes or acts of protest,” explained the union. “Deliveroo must hire their workers as the courts have dictated and stop delaying the judicial process,” said Intersindical Valenciana, which has also denounced the threats that Deliveroo riders are facing when they protest against working conditions. However, despite the supposed labor autonomy attributed to the company's model, both courts concluded that riders are subject to an employment relationship. If it stays and incorporates its delivery workers into its workforce, these losses will increase to 20 million euros in 2022. The legal battle begun in Madrid on by the General Treasury of the Social Security System (TGSS). Monika Bertram Abogada mbertrammmmm.es +34 91 319 96 86. It is estimated that Deliveroo’s Spanish operations will have a loss of 8.8 million euros at the end of 2021. Spain New Judicial Setback for Deliveroo 24 July 2019 - Monika Bertram. The judge of Valencia exposed similar arguments in the ruling regarding Deliveroo’s control over the distribution process: “The real means of production are not the bicycle and the mobile that the 'rider' uses but the digital platform that matches the supply and demand, which is owned by the company.” The court of Valencia also pointed out that restaurants, consumers and riders must be registered in the app, “without which the provision of the service is not feasible.”ĭeliveroo insisted that the company “collaborates with autonomous riders” in a modality that “allows them to have the flexibility and control they want." According to Deliveroo, “as freelancers, riders can choose whether they want to work or not, as well as when and how long.” If Deliveroo stays in Spain, not only will it continue to lose money, but it will also increase significantly. On the other hand, the ruling of the court of Madrid indicated that the guides gave by Deliveroo “not only detailed multiple aspects about how the work is to be done but also established rules of behavior with express prohibitions.” For example, riders could not enter with the helmet on their heads in restaurants or customers houses.
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