The Superior Court of Justice of Catalonia has declared the existence of an employment relationship between Badr Eddine Hilali, known as Naruto, and Glovo. In other words, as the courts have already said on numerous occasions, it concludes that the dealer is a false self-employed person. The sentence stands out because Naruto is currently the president of one of the associations related to the model of self-employed digital platforms such as Deliveroo and, precisely, Glovo. The multinationals of distribution and the employers of digital platforms have closed agreements, the last one a few days ago, to defend their current operation in which the couriers do not have a work contract against the legislation preparing the Ministry of Labor to reinforce the employment status of these workers. Naruto denounced Glovo in the past, before creating the Autonomous Association of Riders (AAR), and now highlights to elDiario.es that the “battle against Glovo was in a personal capacity, as rider not as an association. ”
Deliveroo promotes and gives job benefits to the associations of riders who abide by its model
The sentence of the Catalan TSJ rules in favor of Naruto, after his complaint was not initially considered by the Social Court number 24 in Barcelona. Glovo, unlike Deliveroo, has won several cases in the courts in courts of first instance. The delivery man appealed the ruling and now the TSJ concludes that there is an employment relationship with the delivery company run by the Catalan Oscar Pierre. The Superior Court of Justice of Catalonia joined last March those of Madrid and Asturias, which have concluded that Glovo’s distributors are false self-employed.
Naruto confirms to elDiario.es the sentence that declares the working relationship with the platform and specifies that “Glovo still has a few days to appeal”. The president of the Autonomous Association of Riders (AAR) is reluctant to assess the ruling – “it is still early” – and affirms that when he does so it will be “on a television set”.
Glovo sources respond that the company is “studying the judgment of the Catalan Supreme Court, since there have been European milestones that we must take into account.” The company refuses to make further comments or statements “as it is within the legal period to appeal and out of strict respect for the judicial process,” they point out.
The AAR president insists that this case only affects his particular case. “I have been working on a project so that what happened to me in 2017 as rider It does not happen again to another colleague, “he affirms. In companies like Glovo and Deliveroo they recognize this organization and two others (Asoriders and APRA) as representatives of messengers” related “to platforms, in front of groups like RidersxDerechos and unions such as UGT, CCOO, Intersindical and IAC, among others, who have denounced the labor model of these companies before the Labor Inspectorate, and the employer association Adigital last week released a “good practice” agreement with AAR, Asoriders and APRA to avoid “the problems derived from the transfer of accounts and fraud”, among other issues.
In recent weeks, a new collective has also emerged, United delivery men, which organized different demonstrations on June 26 – of which this medium was informed by Glovo – to claim their status as self-employed. The group has a Telegram chat, with 336 members, in which several distributors express their fear that with the condition of employees they will earn less, lose autonomy and that the platforms will reduce their personnel and make it impossible for some people who have been doing so. until now.
One of the promoters of Repartidores Unidos, Gustavo Gaviria, was declared labor by the courts after the official complaint filed by Social Security against Glovo in Madrid, according to the ruling of June 11 to which this medium has had access. Gaviria was involved in the cause of foreign distributors in an irregular administrative situation, which reached 68 messengers in total. The case affected “people without a residence permit, asylum seekers or students without a work permit and those with a visa as self-employed,” says Gustavo Gaviria, of Colombian origin and who with his current residence permit can only provide services as a self-employed person. , Explain. He was the only messenger who separated himself from the rest in the judicial procedure and defended his autonomous status before the court, against the criteria of the Labor Inspection.
Gaviria acknowledges that in the associations and groups that claim the autonomy of the messengers there are quite a few people without work permits, especially many Venezuelan asylum seekers, who currently receive their income from these digital platforms and who are trying to maintain their livelihood. Also of elderly people who do not find work in the labor market. “With the labor model, there is no job for the 15,000 delivery men that there are now, there is no way. Now each one gets at least something a month. We can regularize the sector with its conditions, to improve them and to have as happened with RidersxDerechos.
Autonomy loses in court
The claim of autonomy of associations such as AAR and companies are not being supported by the Spanish justice, which is mostly concluding that relations between riders and companies are labor. Despite some Glovo victories in courts of first instance, such as the one that affected Naruto, the higher courts of justice agree that these companies operate with false self-employed workers, and this is also considered by the Labor Inspection in their infringement records against Glovo. , Deliveroo and Uber Eats. Social Security has also brought companies to justice to claim money from unpaid social security contributions, currently always successful.
In judgments declaring employment, the courts rely on the platforms exercising control over the working conditions of the ‘riders’ through the platforms and their algorithms, which impose the prices they pay to the couriers and the commissions with the restaurants, without the couriers having real freedom to agree on their provision of services.
It must be remembered that the definition of the employment relationship between the parties is not chosen (“I want to be autonomous”), but is established by the provision of services, if it has the characteristics of an employment relationship or an autonomous one. Not all digital platforms follow the freelance model, such as the example of Just Eat that uses subcontracts from deliverymen with an employment contract and from cooperatives like Mensakas, which launched at RIdersxDerechos.
The team of the Minister of Labor, Yolanda Díaz, is involved in the preparation of the draft bill on work on digital platforms, with the intention of reinforcing the workforce of home delivery people. The minister’s intention was to present the law before August, as confirmed in their team to elDiario.es, but the days pass without the legislative draft having yet been presented, contrary to what has happened with the Draft Law on teleworking. Both regulations followed the same initial procedures, with the opening of the public consultation period until June 22.
Associations promoted by the companies themselves
Associations such as AAR have been promoted from the same delivery platforms. This was the case of Asoriders, which was born sponsored by Deliveroo and has little public activity, with a website that does not even work and a limited presence on social networks, generally to replicate content from the AAR organization. Asoriders appeared in the Social Security macro-judgment against Deliveroo in Madrid who lost the company, in which several couriers appeared to defend their independent relationship with the platform. Asoriders defense, like Deliveroo’s, tried to question the impartiality of the Labor inspector who concluded that the more than 500 messengers in Madrid were false self-employed, something that did not convince the magistrate.
The Autonomous Association of Riders (AARR) chaired by Naruto has also received the support of Deliveroo, who sent an email to all his couriers promoting the “benefits” of joining this organization and Asoriders, as the company doubles the duration of the insurance in the event of an accident. He e-mail It was headed with the logo of the Autonomous Riders Association.
Deliveroo also collects the fees from AAR members, as Naruto has confirmed to elDiario.es and includes the Professional Interest Agreement signed last October between the parties: “Unless otherwise indicated, TRADE expressly authorizes Deliveroo to withhold from the payment of the agreed services that Deliveroo must pay the amount equivalent to the Association membership fee, so that Deliveroo pays the membership fee due to the Association “. The president of AAR explains to this media that the intermediation of the company tries to avoid fraud in courier accounts.
Naruto registered AAR in Barcelona in May 2019 and is the most active within related messenger associations, with various agreements with restaurants and discounts for couriers with motorcycle and electronic equipment workshops, as the president of the association explains to this medium and collects its website.
The organization defends the status of freelancers of digital platform distributors, but also assumes that there is precariousness in the provision of services: “Along with the conditions in which we work, which become increasingly precarious, our status as freelancers is at stake, that we will try to defend and ensure that we are de facto self-employed and that we are not deprived of any of our rights, ” AAR on your website. Naruto defends that he seeks the autonomy of the dealers as well as that better working conditions are guaranteed for the ‘riders’ and has been critical of Glovo, for example, when the company cut in half the fixed rate that it pays to the messengers in full pandemic.