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Leonardo Rubilar | Agency One
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The Justice of that country estimated that the workers called “riders” are salaried and not mere “partners” autonomous distributors. In Chile, to date there have been 26 labor lawsuits that seek to settle the same issue.
The labor model of digital delivery platforms, based on “partners” drivers and delivery men, has suffered a blow in Spain after the Supreme Court of that country ruled that delivery men (horsemen) they are salaried.
Or said from the other side of regulation: they are fake freelancers. Specifically, the Iberian judges ruled on the case of a former employee of the application Glovo: “The relationship between the dealer and the firm has a labor nature,” says the information note issued by the court.
The ruling specifies that these companies “are not mere intermediaries in the contracting of services between businesses and distributors. These are companies that provide delivery and courier services by setting essential conditions for the provision of said service. Each of these companies is the owner of the essential assets to carry out the activity. And among those assets is the application itself, essential as a work tool ”.
This resolution could be an important step to settle a long judicial battle in which the lower courts of Spain had alternately ruled that the distributors could be “autonomous partners” or dependent workers, being finally resolved to the latter option with this ruling.
In this regard, the labor lawyer of SoyTrabajador.cl, Giorgio Marino, said that “this news is important on the international scene and of course for Chile, because since 2020 the discussion has been judicialized on whether or not there is an employment relationship between these companies and the drivers. In the country there are about 12 applications of delivery, and 17 labor lawsuits have already been filed against OrdersYa (ex Glovo), 5 against Uber Eats, 3 against Rappi and 1 against Justo. It is clear that these applications are not a transitory phenomenon, but will be part of the country’s labor scene. In this way, it is expected that both justice and parliament will make decisions on the matter ”.
The general tenor of the lawsuits aims to require that the Labor courts decide whether there is a labor relationship between the application companies and the drivers, considering that there are different obligations and requirements demanded by said companies, such as compliance with the working day.
The prosecution of this issue is marked by the milestone of the bicycle ride carried out in Santiago in April 2020 by some 300 drivers, who claimed for unilateral rate changes by the OrdersYa platform, in addition to the limited support of the company in hygiene measures related to the pandemic.
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