April 15, 2021

A court of Madrid resolves that a distributor of Glovo is a false autonomous

A court of Madrid resolves that a distributor of Glovo is a false autonomous

Are the Glovo dispatchers self-employed or salaried employees of this platform? For months, the "glovers" try to prove in the courts that they are employed by others dependent on the platform. But the courts do not agree. Two judgments handed down months ago by Madrid courts guaranteed that, as Glovo defends, these distributors are economically dependent self-employed or Trade, that is, self-employed workers whose income comes in more than 75% of the same company. However, today has been known a ruling of the Court of Social No. 33 of the capital that goes in the opposite direction. According to this judicial instance, the "glover" that denounced the app is a false self-employed when considering his labor relationship with the company and has declared his dismissal null for having been motivated to exercise his right to strike. Last June, another court in Valencia also gave the reason to another deliveroo deliveryman and considered him to be lacking autonomous of this application.

The ruling of Glovo is very clear in arguing that the delivery person performs a job as an employee because it is the company that provides the platform, without which he could not carry out the distributions, and because of the "low value" of the material means that are borne by the plaintiff. "If he decided to undertake this type of activity as a self-employed person himself, he would be doomed to failure and his chances of growing as an entrepreneur would be nil, since the success of these platforms is due to the technical support provided by technology and the exploitation of a brand that is published on social networks, "insists the letter. The judge, abounding in his arguments, assures that the "glover" "does not intervene in the conformation of content of the contract, limited to assenting the conditions, which demonstrates the initial position of inequality between parties".

Glovo has always defended that the distributors that collaborate with the app are autonomous because they can organize their work as they wish and even reject orders. The app believes it would be "a job" if the Supreme Court forced them to hire them, according to a few weeks ago its CEO, Óscar Pierre, during the presentation of the company's strategic lines. The hiring would imply that Glovo's labor costs would skyrocket and their business model would be compromised.


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