The Labor Inspectorate has registered 11,013 false self-employed Glovo distributors as workers last year and so far in 2020, according to information consulted by elDiario.es. The labor authority claims a total of 16.2 million euros from the Catalan multinational for home shipments for the unpaid Social Security contributions of these workers.
There is already a ruling by the Supreme Court on Glovo: the ‘riders’ are workers and the company “is not a mere intermediary”
The siege of the Labor Inspectorate on Glovo is part of its action against false self-employed on digital platforms, in which it has also found this labor abuse in Deliveroo, Uber Eats and last week the registration of about 4,000 autonomous fake deliverers from the e-commerce giant Amazon was known. At the moment, Glovo is the platform on which the labor authority has detected the most false freelancers.
Between 2019 and so far in 2020, the Inspection has made 30 service orders on Glovo, according to the information accessed by elDiario.es, eight of them ex officio and 22 of them derived from complaints filed by unions. Specifically, by UGT, CNT, CCOO, CUT, Corriente Sindical d’Izquierda de Uvieu, SAT.
The union complaints have uncovered a total of 9,251 false self-employed workers in the multinational in this reference period, while the ex officio investigations of the labor authority have resulted in the registration as workers of another 1,762 distributors. In total, the Inspection claims Glovo 16,218,944 euros for unpaid social contributions.
To these actions we should add the previous investigations of the Labor Inspection on the company founded by Oscar Pierre, whose total balance is unknown to this medium. The first time the Labor Inspection concluded that Glovo’s delivery men, also known as riders, they were false self-employed it was in Zaragoza, in summer 2018. A few months later, in December 2018, a new certificate of the Inspection was known that also declared the same labor fraud in the city of Valencia.
Along with the records of the Labor Inspection, the justice has also concluded on several occasions that Glovo’s labor model is fraudulent. Last month, the Supreme Court did so in an important ruling, the first of the High Court that analyzed the employment relationship of workers of this type of digital platform and which concluded that a Glovo dealer was false self-employed. In his sentence, the magistrates analyze how the distributors of the Catalan multinational work and conclude that Glovo “is not a mere intermediary” but rather “carries out a work of coordination and organization of the service” and declares that its messengers should be employed.
Glovo continues to distribute with freelancers
Despite these Inspectorate resolutions and the Supreme Court ruling, the multinational company led by Oscar Pierre and Sacha Michaud maintains its working model of autonomous delivery men today. “Glovo respects the ruling of the Supreme Court and awaits the definition of an adequate regulatory framework by the Government and Europe,” the company responded in a statement after hearing the verdict of the High Court. Pierre had stated in the past that, if the courts were to determine that the delivery men must be workers with a Supreme Court ruling that creates jurisprudence, “It would be a good job, but we would adapt, we would see the way”.
As the multinational now points out, “the debate” on the employment relationship of its messengers “is open, since there are several sentences that validate the model,” although all of them are from lower levels than the Supreme Court, the body that creates jurisprudence in Spain . The UGT and CCOO unions have demanded that Glovo comply with what is dictated by the Supreme Court and regularize all its messengers, but the company seems far from making this decision and is awaiting the regulation approved by the coalition government on workers on digital platforms.
This Wednesday, the Ministry of Labor has initiated social dialogue with the unions and the employers to carry out this new regulation, with which Minister Yolanda Díaz intends to reinforce the labor force of the distributors so that companies cannot maintain the self-employed model current. The UGT union is the most critical of the need to pass new legislation in this regard, because it considers that the current Workers’ Statute already frames messengers as workers and fears that digital platforms may achieve some type of “concession” or via to legitimize its self-employed model in the new legislation.
In Labor they insist on the need for this rule that provides “instruments of legal security” and “certainty” to the workers of digital platforms, as the Secretary of State for Labor, Joaquín Pérez Rey, explained in this interview with elDiario.es. In the opinion of the Ministry, sentences such as that of the Supreme Court are “very important” but “it is necessary to detach from the particular case and provide general solutions. This is what separates the actions of the legislator from that of the judges,” insisted Pérez Rey.