Another Social Court of Madrid has failed that the Glovo delivery drivers are autonomous. It is the second sentence in the same sense that occurs in Madrid and contradicts a previous one that was in Valencia, although in this case the company affected was Deliveroo. "In view of how the provision of services was carried out, it can be said that it is indeed a relationship of economically dependent self-employed person, "says the judge, that is to say, he does not believe that the distributor was a false self-employed person. As they are now pointing the minutes of the Labor Inspection or the Valencian judge.
This case begins when one of Glovo's delivery drivers in Madrid has an accident on November 24, 2017. The worker was off until April 4 of the following year and during this time, explains his lawyer, he received the communication from the company of Catalan distribution that rescinded the contract.
In the complaint, the worker claims compensation for dismissal, something that could only occur if the relationship were work. But the judge finds that the link between both parties is that of an economically dependent self-employed worker. And he arrives at this conclusion assuming the company's arguments: "The professional has total freedom, in a broad sense, to accept or reject the realization of a service." He also has total freedom, in a broad sense, to connect to the APP [la herramienta digital de comunicación entre la compañía y el trabajadores]", continues the owner of the 17th court of Madrid.
"I'm going to ask for a clarification of the sentence," says Luis Suárez, the delivery attorney's lawyer, who also says he will appeal the ruling, as he did with the previous sentence, in which Glovo was also affected.
"It is true that this is a first statement, but we hope that this and the previous sentence will be confirmed in the near future and, of course, that it will be taken into account by the labor authority," says Marita Rancé, Glovo's legal director. In these words, refers to a forthcoming sentence that is about to be made public in Madrid (the trial was held this Monday) and the latest decisions of the Labor Inspectorate, which believes that these workers are false self-employed.
The struggle to resolve once and for all whether the delivery workers of the food delivery companies are self-employed dependent or salaried has two fronts open. The first one that was opened was in the Labor Inspectorate, but the one that will settle the matter is definitely happening in the courts.
- Sentences on Glovo. At the moment there are two judgments that affect the Catalan company and have come in courts of Social First stay in Madrid. In both cases – the first arrived last September – they have given the reason to the company and reject that these workers are false self-employed.
- Sentences on Deliveroo. In the case of the Spanish subsidiary of the British company, Roofoods Spain, there is only one ruling at the moment. It arrived in June 2018 in Valencia and ruled that the worker affected was a false self-employed worker. There is another pending Barcelona, whose trial was held before. In addition, Deliveroo has pending, at least, the celebration of a collective trial in Madrid in May.
- The records of the Labor Inspection. The Labor Inspectorate has already drawn up several minutes in Valencia, Barcelona, Madrid, Alicante or Zaragoza in which it concludes that these delivery drivers are false self-employed workers. All these acts must be ratified in the courts, since they lead to the interposition of collective labor disputes.