The social court number 24 of Barcelona has ruled that Deliveroo couriers are fake freelancers and has endorsed the action carried out by the Labor Inspectorate in 2018, when it claimed 1.3 million euros from the firm in concept of unpaid social contributions. This is the sentence handed down in Spain on the discussion of whether or not the distributors of platforms such as Deliveroo or Glovo are false self-employed, which affects a greater number of this type of workers, a total of 748, as highlighted in a statement by the Collective Round.
This failure will force the platform to register these distributors with Social Security and to pay the fees for the period in which they were in service.
In his letter, the head of the Barcelona court considers these workers to be false self-employed, using the argumentation in this sense of a recent Supreme Court ruling, also underlining that the autonomy of the dealer is minimal and that the company exercises, among other things, its disciplinary power. “The freedom of the delivery person not to be available is not as wide as it wants to appear, because in case of rejecting the orders, minimum orders will not be guaranteed and, even, their services can be dispensed with, “says the sentence.
The court also notes that the means made available to the delivery person, such as the motorcycle or bicycle and the mobile phone “They are very insignificant compared to the important structural organization necessary for the activity”, such as the app and the commercial agreements signed by Deliveroo.
In July 2018, the Labor Inspectorate claimed the payment of overdue contributions to a group of Deliveroo deliverymen after a complaint from the RidersxDerechos association, in one of the first actions that questioned the labor model of the so-called platform economy.
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