- It requires Deliveroo 160,000 euros for unpaid installments of its employees in Valencia and there are open minutes in Madrid, Zaragoza, and Barcelona
Young man riding a bicycle or motorcycle with a backpack reading Deliveroo, Glovo or Uber Eats. It is a landscape more and more frequent in large cities. New consumption habits have led to the emergence of new businesses, such as the distribution of food at home, which, together with shared car platforms, have burst through Spain
The new jobs of the so-called “economy on demand” are linked by a labor structure that is being strongly questioned and on the target of the Labor Inspection.
The inspectors follow closely the steps of home delivery companies after the flood of complaints about the alleged labor exploitation of their workers.
These were last summer to strike to claim that they were guaranteed at least 20 hours per week of work with two orders per hour. The objective? the recognition of an employment relationship now denied by the companies, which consider them autonomous.
With this structure of work, companies avoid enlisting their employees in Social Security – they force them to register as self-employed -, and with it, they evade the payment, like any other company, of the contributions to the general regime, that of the employees. It is the “riders” as autonomous who has to comply with Social Security.
But now the Inspectorate has issued several liquidation minutes and determined that these workers are “false self-employed”, at least in one of the companies: Deliveroo. That ex officio acts on the rest (Glovo, UberEats ..) is a matter of time.
At the moment, there are inspection activities open in Madrid, Zaragoza, and Barcelona. In Valencia, the Inspection has already ruled that the company must pay in the concept of quotas left to pay Social Security 160,000 euros.
The liquidation minutes to which ABC has had access were lifted by the Inspection to Deliveroo in Valencia and Madrid in September 2016 and June 2017, respectively.
In the first case, 160 employees are affected; in the latter, about 530. In the latter case, the one in Madrid, the inspectors have not yet determined the amounts that the company must pay for unpaid contributions because they are in the process of allegations. The company has appealed.
In the minutes opened in Valencia and Madrid, the inspectors show step by step that these employees are not autonomous and that they have an employment relationship with the company.
Thus, they enumerate a series of “indications” that confirm this employment link. For the Inspection, the relationship is work because three key circumstances concur. One is the dependence of the worker of the company to organize their work.
Deliveroo is the one that authorizes the change of shift of the motorcyclists, establishes the day, the time slot and the established area in which the “riders” have to be to start their journey.
“The company issues communications addressed to the entire group indistinctly, which reveals a centralization and control of information flows through tools that are exclusively controlled by the company (staffomatic, telegram, etc.),” they add.
Another indication that the relationship is labor exists is that it is the company that unilaterally sets the remuneration and it is she who provides “all the infrastructure” of the activity itself:“Material and human resources, including the computer application itself, nuclear element of the relationship, the relationship with restaurants and customers and all the precise support, “he says.
Digital platform and orders
He says that “the requirement of a mobile and Internet connection is already a way of organizing the provision of the service imposed on the delivery, which, therefore, is not free to decide how to execute it, which is contrary to the alleged autonomy », They report in the liquidation minutes.
Remember that the “riders” have to “install in their phone the digital platform (Deliveroo application) through which they receive the orders they have to attend, communicate their presence in the place and time specified by the company to start the activity».
The inspectors report that through this mobile application the company “supervises and performs a control of the entire procedure: assignment of the order, acceptance of this, travel to the restaurant and delivery to the consumer”.
According to the Inspection Deliveroo also uses the sanctioning power “typical of labor relations” when you want to finalize the collaboration with the delivery, when it considers that the performance is not ideal.
In addition, it states that it incorporates “inherent concepts in labor relations” such as fuel costs or tips.
On the form of payment that adduces to demonstrate that they are “false self-employed,” it indicates that the company decides two payments each month, that is the company the one that elaborates the invoices and that is the same format for all the employees.
In addition, he continues, Deliveroo is responsible for any incident of the order against the consumer and the distributor is paid the same.
The Labor Inspectorate was the first to try to dismantle labor relations that it considers irregular, but the unions are also following the same path. In December UGT filed a lawsuit against Deliveroo, Glovo, Uber Eats and Stuart for the model of employment relationship established with their delivery drivers.
UGT also aims to demonstrate the employment relationship with its workers. “The companies give them the necessary infrastructure to carry out the work, they give them previous training, they carry the image of the company and they prohibit them from talking with the suppliers”, said the accused in his complaint.
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