Glovo’s cases are piling up in court. Now, for violation of freedom of association. The UGT union has filed a lawsuit before the National Court against the multinational distribution company and two of its directors, Sacha Michaud and Miguel Ferrer, for violating this fundamental right and in which they demand compensation of 25,000 euros. The lawsuit is based on two video calls that the company organized with distributors, in which it encouraged them to join associations of riders related to the company, such as APRA and Asoriders. The UGT also denounces ATA, the CEOE employer’s self-employed organization, for an article on the Glovo blog in which the union understands that ATA membership is being promoted and encouraged.
There is already a ruling by the Supreme Court on Glovo: the ‘riders’ are workers and the company “is not a mere intermediary”
The lawsuit for violation of freedom of association presented by UGT, to which elDiario.es has had access, focuses on the video calls for deliverymen organized by Glovo last November, in which about a thousand people participated. In them, the co-founder of Glovo Sacha Michaud and Miguel Ferrer, head of Public Affairs of the company, encouraged the riders to join any of its related organizations, which defend the self-employed model, discredited by the Supreme Court. “The more you are, the more you are listened to, the more attention they will pay you, because you are the most important part of this debate,” said Michaud.
Sacha Michaud and Miguel Ferrer insisted on the need for distributors to mobilize in these groups in favor of the self-employed model now that the future ‘Rider Law’ against false self-employed is being negotiated on digital platforms of this type. The Government intends to declare the employment of these workers, which turns the model of Glovo and other similar delivery companies, such as Deliveroo, Uber Eats and Stuart, upside down. All of them have records from the Labor Inspectorate stating that they use false self-employed workers.
Glovo managers explained to the distributors that the Ministry of Labor was discussing this regulation with the social agents, but that the unions (CCOO and UGT) and the employers (CEOE and Cepyme) were not listening to them or understanding this model. “What is important and I think that Sacha has pointed it out, is that your group is listened to at this time, because there are a series of aspects, which we believe that both the social agents and the Government itself do not understand, and they should understand. And they should understand what the job of a delivery person on platforms like Glovo is like, “said Miguel Ferrer in one of the calls, as the lawsuit transcribes.
Prohibited business interference
UGT considers that Glovo has violated the fundamental right to freedom of association of the union, which has a delegate in the company among the distributors who have been discharged as employees due to the actions of the Labor Inspection.
The complaint recalls that the Organic Law on Freedom of Association expressly recognizes in its article 13 as infringements of this fundamental right “acts of interference consisting in promoting the formation of trade unions dominated or controlled by an employer or a business association, or in financially supporting or in another form unions with the same control purpose “.
The union considers that Glovo has carried out “an anti-union business interference by placing the distributors in front of the unions, and notably the UGT, questioning that our union defends their rights as workers” and also “encouraging them to organize outside the union, to through other associations, specifically freelancers who expressly cite in their speeches “, such as APRA, Asoriders and AAR.
The UGT asks the courts to order Glovo to cease these anti-union conduct and also demands compensation of 25,000 euros from the company for non-pecuniary damage, given the damage to its fundamental right to freedom of association.
Lawsuit also against ATA
The union includes as co-defendant the self-employed organization ATA, which is part of CEOE, for an article posted in March on the Glovo blog for delivery people. In it, the logo of the organization that Lorenzo Amor directs appears, with several documents with information about COVID and aid prepared by ATA. “Don’t forget that you can visit the ATA website for more information “, recalls the article.
In the opinion of the union, “it is verified that the Glovo company promotes the ATA Association within its bosom, encouraging its affiliation, which constitutes a new prohibited act of interference,” for which it claims in the lawsuit that the removal of this article.
ATA sources deny that there is any agreement with Glovo to promote the self-employed organization and explain that “the guides have been posted because they are public and can be downloaded by anyone.” For example, they indicate that they have been used by the Andalusian Council of Social Graduates and the Confederation of Rural Women. One of the documents is headed by a notice that the content may not be reproduced “without written permission from ATA.” In the organization, they minimize the use of their logo on the Glovo website. “They put the logo because they are ours [las guías], without more, “they maintain.