Glovo loses macro-trial for 329 bogus self-employed workers in Zaragoza – CVBJ
08/01/2022 at 10:45 am CET
J. Heras / F. Valera
New legal setback for digital home food delivery platforms. The Social Court number 5 of Zaragoza ruled against the company Glovo and in favor of the Social Security by ratifying that 329 delivery men with the yellow backpack acted like bogus independents, since they have developed an employee activity. This is the second collective conviction pronounced in Aragon which recognizes the number of runners – the first was lost by Deliveroo – and represents a new blow to the model of home delivery platforms, following the doctrine established by the Court of Cassation in September 2020, which gave the final slit towards the model the workforce and activity of these operators.
The case tried in the Aragonese capital, which meant for the Social Security a loss close to 400,000 euros, finds its origin in the act of infringement noted in 2018 by the Labor and Social Security Inspectorate against Glovo, whose action was revealed in its time by this newspaper. The trial was originally scheduled to take place on September 30, 2019, but several times. First because of a company resource and later because of the pandemic. The hearing finally took place on February 12, 2021, so the court decision took ten months to arrive.
Case by case
The sentence, to which this newspaper had access, It has 50 pages and half of them are devoted to the case-by-case examination of delivery people.. In this sense, it is detailed that Glovo took 30% of the invoice paid by the customer and that between five and six euros out of 100 corresponded to the concessionaire, which shows that the company obtained a “gain or a profit âand that the amount I received from the stores was more than the amount paid to the delivery people.
The main argument put forward by the judge is that the platform, on which workers, customers and establishments meet, is “decisive for the provision of the service”. However, the first “they did not intervene in the organization of the process nor did they participate in the structure organizational nor in the directive which selected and negotiated the conditions “with the companies.
The court considers that Glovo has “two forms of control” of the riders, such as geolocation and the allocation of distributions via an algorithm which forces the dealer not to choose. In this way, it monitors the whole process and also the workers.
“The judge asserts the presumption of certainty of the administration and Glovo could not demonstrate that the result of the investigation is not true”, according to judicial sources of Social Security. Another important point of the sentence is that no risk taking from the distributors â, they stressed.
Strangeness and dependence
The judgment also confirms that the conditions of the workers analyzed comply with the elements of alienation and dependence, the two fundamental concepts for determining if a worker is employed, as indicated in article 1.1 of the workers’ statute. As expected, Glovo will appeal the decision to the Superior Court of Justice of Aragon (TSJA), as it has done with other similar sentences, but a priori there is no cancellation margin after the criteria set on runners by the Supreme Court.
The labor authority also sanctioned Deliveroo in Zaragoza for its work model, a case that also reached the courts, which also ended up agreeing with the public body. First, it was Social Court number 2 which determined, in spring 2020, that 55 distributors of this platform were bogus self-employed, which implied the payment of more than 35,000 euros to Social Security for contributions in pain. In April of last year, the TSJA ratified this statement.
Meanwhile, in August 2021 began the so-called Horsemen Act, which forces you to hire delivery people and he tries to put an end to the workers model for how many others that had been applied.