The Social Court number 5 of Zaragoza has sentenced that 329 yellow backpack dealers acted as false autonomous, as they developed an activity of salaried employees. Therefore, the reason for social security against the pretensions of the Glovo company, which should return almost 400,000 euros for backward quotes.
The Labor Inspection and Social Security raised an infringement act against Glovo and the macrojicio, after postponing several times, was held on February 12, 2021. The judgment, that this Saturday progresses the newspaper of Aragon, dedicates half of the 50 folios from which it consists of examining case by case to the 329 affected distributors.
He says that Glovo took 30% of the invoice that the client pays and between five and six euros each 100 corresponded to the dealer. This shows that the company obtained a "surplus value or gain" and that the amount that perceived the shops was greater than that paid to the dealers.
According to the aforementioned sources, the main argument that the judge is that the platform, in which workers, clients and establishments concur, is "determinant for the provision of the service".
However, employees "did not intervene in the organization of the process or participate in the organizational structure or in the directive it selected and negotiated the conditions" with the shops.
The Court considers that Glovo has "two forms of control" of the riders, such as geolocation and the allocation of deals through an algorithm that requires that the dealer can not choose.
According to legal sources of social security, "the judge assesses the presumption of the administration and Glovo has not managed to demonstrate that the result of the investigation is not true." In addition, the sentence emphasizes that "there is no risk assumption by the distributors."
The failure notes, also, that the conditions of the workers analyzed comply with the elements of "trade and dependency", the two nuclear concepts to determine whether a worker is salaried, as recorded by Article 1.1 of the Status of Workers.
Date Of Update: 08 January 2022, 08:39
