In Uber Eats they consider that Glovo violates the Rider Law, approved to prevent the use of false self-employed in the sector. It is the only large company that has not converted its model from messengers to labor hiring. Uber Eats accuses the Government of not "enforcing" the legislation seven months after its entry into force and threatens in a letter to Vice President Yolanda Díaz to also return to this model invalidated by justice. In the Ministry of Labor they respond to elDiario.es that the Inspection "is already acting" in the sector to enforce the new norm, which is interpreted as that there are open investigations into Glovo.
The High Commissioner for Spain Entrepreneurial Nation praises Glovo despite its history of false self-employment
"At the present time, in addition to continuing actions that had already been initiated prior to this rule, action is being taken to verify that the digital distribution platforms engage in practices that fraudulently try to evade the application of the rule," they indicate in I work for inquiries from this medium.
Until the Labor Inspection report is finalized, and the terms of the labor authority are long, the Ministry cannot disclose which companies have been inspected. Thus, in Work they do not respond specifically about Glovo, but they do insist that "there are open actions", which indicates that it is one of the companies investigated.
In these months of the Rider Law, Glovo has maintained a distribution model based on freelancers, despite the fact that the new legislation declares the presumption of employment of digital platform delivery men. The use of fake freelancers by Glovo, recognized even by the Supreme Courtand other companies such as Deliveroo and, precisely, Uber Eats led to the approval of this legislation.
glovo, now 80% acquired by German Delivery Heromodified some conditions of the distributors, which he called an "unpublished model" with which he challenged the entry into force of the norm. With these changes, Glovo insists that it complies with labor legislation, something that the unions deny, which once again denounced the company before the Inspection.
In groups such as RidersxDerechos they demanded that the Government take more measures against Glovo to prevent it from breaching labor legislation, such as criminal proceedings against the multinational.
Uber Eats threatens to return to freelancers
The letter addressed by the general director of Uber Eats, Courtney Tims, to the vice president Yolanda Díaz highlights that the company with the green backpacks changed its model, also sanctioned by the Labor Inspection and the courts for using false self-employed. "We made a great effort to adapt to the Rider Law in record time. Thanks to this effort, since last August 12, all delivery people who work with Uber Eats have an employment contract," the letter states.
Uber Eats does not directly contract with its ridersbut resorts to outsourcing, like most companies in the sector, such as Just Eat (with a minority of directly hired couriers) and Stuart.
When the new rule came into force to prevent the abuse of false self-employed workers, "all companies had to adapt to the new law. All of them? No, not all of them. Glovo, the largest company, leader of the delivery in Spain, decided to continue operating with self-employed workers," criticizes Uber Eats.
"Today, more than six months after its entry into force, the companies that comply with the law find ourselves in a paradoxical situation. Our collaborating fleets cannot find delivery people because they prefer to be autonomous, so they work with Glovo, the only company that It allows it, the largest Spanish unicorn, against the Rider Law", continues the person in charge of the company in her letter.
In Uber Eats they assure that they face a lack of delivery men, on which they blame the new legislation that requires labor contracts. Brussels is on the way to legislate at European level in the same direction. The multinational says that riders they prefer the "flexibility" of the self-employment contract. They do not answer how much the couriers who deliver for the company are paid, in case this could be a reason for the shortage of personnel. The remuneration depends on the subcontractors, they insist, but in any case "the hourly wage must respect the messaging sector agreement," they respond in Uber Eats.
In the labor dispute riders there were groups of messengers who claimed to continue distributing as self-employed, promoted by the companies themselves. A lot of working people really championed that cause, some who couldn't work other than as freelancers, but the key was that the contracts weren't legal. The companies did not sign authentic commercial contracts with the self-employed, but rather the prevailing model was one of false autonomy, something that proved and overturned justice.
Despite denouncing that Glovo does not comply with the norm, Uber Eats concludes the letter with the threat of recovering the self-employed model. "We helplessly see how the Government has not managed to enforce the Rider Law. And how the disadvantaged situation of all the companies that do comply with it worsens every day. Faced with this situation, we all ask ourselves the same question: Should we follow the example of Glovo and work with freelancers to be able to compete on equal terms?", they indicate with a question that sounds like a warning.