New judicial front in the sector of the ‘riders’, distributors of digital platforms. CCOO and UGT have filed a complaint with the National Court against the multinational Uber Eats for collective dismissal, given the “disconnection” of all its self-employed distributors on August 12, with the entry into force of the Rider Law. The maneuver affected “more than 3,000 workers,” the unions report in a joint statement, in what de facto they consider to be an ERE without rights for workers.
Six years, 18,000 false freelancers detected and almost 50 convictions later: the Rider Law arrives
The entry into force of the Rider Law, legislation to combat the use of false freelancers in the sector of digital delivery platforms, led to different changes in the affected companies. Glovo and Deliveroo continued to use freelancers last August 12, challenging the new regulations, although with differences. Glovo has redesigned its self-employed model for the future and insists that it complies with the legislation, while Deliveroo’s strategy has been read as a way to take advantage of its latest blows in Spain, as it plans to enlist the delivery drivers as salaried employees. and process an ERE before leaving the country.
On the other hand, Uber Eats “disconnected” all its delivery men who worked as freelancers until the entry into force of the Rider Law. The multinational has resorted to subcontractors to have distributors with employment contracts through these third companies. Uber Eats notified its messengers of this change via email, that they could no longer deliver with the company and were redirected to subcontractors.
CCOO and UGT consider that the massive disconnection of all the people who worked for Uber Eats should be understood as a collective dismissal, which was carried out irregularly, without guaranteeing the rights supported by the Workers’ Statute and the sectoral agreement that regulates their employment relationships.
The unions recall that, although Uber Eats maintained its self-employed model in force, the Labor Inspectorate in Madrid and Barcelona ruled that its messengers were false self-employed, as also happened in the Glovo, Deliveroo and Stuart companies.
It is not the first lawsuit announced against the company. Dozens of delivery men were joining a collective complaint for the illegal dismissal and transfer of workers that was being prepared by the SBO law firm, which won Glovo in Supreme Court. “We are having many delivery men on the street. They are sending us to subcontractors who offer conditions of absolute precariousness and do not take into account our seniority. There are people who have been distributing with Uber Eats for years. The compensation they give for gasoline does not cover the activity is a pittance, “lamented elDiario.es Fernando Roan, spokesman for the Unified Riders Association (AUR).
CCOO and UGT have presented the complaint before the National Court “in order that all distributors and distributors can obtain all the rights and protections established by the employment relationship,” they explain.
The unions reiterate their commitment to monitor compliance with the Rider law and ensure that “they will work so that all digital delivery platforms comply with this standard.” CCOO has already announced a complaint against Glovo before the Labor Inspectorate, since it considers that its new self-employed model continues to violate labor regulations.