Definitely, Víctor Sánchez, former distributor of the digital food delivery company Deliveroo, was a false self-employed person, actually an employee of the company, and the termination of his contract constituted an unfair dismissal. So what sentenced in June a court of the Social of Valencia, sentence that this Tuesday has become firm when withdrawing the company the resource against the same one, according to Intersindical Valenciana, the union that represented the delivery boy. Therefore, the company must pay Sanchez a compensation of 705.13 euros for the dismissal.
Víctor Sánchez's was the first sentence in Spain regarding the labor model of the new home delivery companies, which operate on the basis of self-employed workers (false self-employed workers in reality, as determined by the Labor inspections of Valencia or Madrid) whose activity is directed from the company: it is the company which, depending on the time preference of the delivery people, entrusts them with work through the mobile application. In June, the Social Court No. 6 of Valencia determined that Sanchez was in fact a salaried employee, with the labor relationship with Deliveroo, not an independent who provided services with a civil relationship, and that the termination of his contract was, in reality , an unfair dismissal.
Against this ruling, an appeal could be filed with the Superior Court of Justice of the Valencian Community, an option that Roofood Spain, the corporate name of Deliveroo, decided to exercise. However, today he has withdrawn the appeal, by means of a document delivered before the Social Chamber of the TSJV in which he expresses "his will not to continue and desist from it," as he has informed EFE Intersindical Valenciana.
"Once the appellant has expressed its wish to desist from the appeal filed by it, it proceeds in accordance with the provisions of article 450 of the supplementary Civil Procedure Act, to have such a declaration made and for the appellant to be dismissed", is set out in the document. When there are no other appellant of the sentence, it becomes automatically signed.
The aforementioned union sources have explained to EFE that the appeal already withdrawn "would be added", in case of continuing, to another that could lead to Deliveroo a fine of up to 160,000 euros in unpaid installments, whose trial will be held on the 25th. February, and that's why they have decided to withdraw one of them.
"It would be bad for the company if they lose both resources in such a short time," they assured from the union.