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In an unprecedented way in the country, Concepción Labor Court ruled in favor of a dispatcher of the OrdersYa app, decreeing that there is an employment relationship between the company and its workers.
The sentence, which was handed down by Judge Angela Hernández, states that “the plaintiff provided services under a subordination and dependence bond with the defendant, being subject to orders and instructions, be supervised in their work, receiving the sums of rigor for their services, finally, with a weekly frequency after settlement by the collector “.
“The actor finally had to submit to the work modality imposed by the defendant company continuously and permanentlysuch as the inputs it uses, the way in which it performs its functions, the areas and shifts assigned by the defendant, “he said.
The text also indicates that the slogans used by the company as ‘freedom to choose your day and be your own boss’ are falses, since “under this freedom to connect is the sanction of being downgraded, of not being able to choose the shift that provides the best remuneration, and may even be dropped from the application”.
The process is due to a lawsuit filed by the worker Álvaro Arredondo, who accused an unjustified dismissal by OrdersYa.
Arredondo, a 30-year-old mechanic, had his account blocked – equivalent to a dismissal – in the application due to a series of delays in deliveries.
The affected indicated Regions Cooperative that “the job insecurity that is occurring in front of us, the workers who do the hitting, fires you, blocks your accounts and with that you are left without work (…) by making a mistake the company is easily rid of problems “.
“What happened was that I did not make a delivery, so the application registered it as that I had not gone to the premises nor was I to leave it and therefore after a couple of days, OrdersYa sent me an email that I could not workI answered why this was happening, nobody explained to me, a few days later they answered that I had not fulfilled an order, “he said.
“The dismissal as such they don’t tell you, they tell you that they deactivate your account temporarily or permanently, in my case it was permanent,” Arredondo stressed.
Concepción Labor Court, issued for the first time in Chile, a ruling that recognizes the existence of a labor relationship between the application dealer and the company. This is the case that Álvaro Arredondo (rider) won against Orders YA for unjustified dismissal @Cooperative
– Cristofer Espinoza (@CEspinozaQ) October 6, 2020
Groupings valued decision
Fernando Gallardo, spokesman for the Penquistas Repartidores Group, stated that “We are not independent, it is not a relationship between equals, As well determined by the Concepción labor judge, this declares that there is a concealment of the labor relationship by means of a civil contract, due to the manifest indications of subordination and dependence and the very alienation of the service, as they decide the collection and how it is done, decide the place and hours of work; with the abysmal permanent control and evaluation “.
“They force us to work permanently and continuously, this control is constantly carried out in a millimetric way through GPS “, he specified.
Pablo Zenteno, of the Foundation Institute for Labor Studies (FIEL), commented that “again in our country the Courts are the ones that come to put things in their place and in that sense, declare that here there is existence of an employment relationship because there is subordination and dependence, many ways in which it manifests. “
“Also this of alienation, that ultimately the rider joins a business organization that is the one that defines all the business parameters, assumes all the risks, takes all the profits, therefore demystifies the condition that the riders they are their own bosses, entrepreneurs, businessmen practically, “he said.
The worker accused an unjustified dismissal (Photo: Álvaro Arredondo)
Company response
After learning of the decision, the company replied that “Orders was already notified of this ruling, resolved in the first instance, which will be appealed for not being entirely explanatory.”
“OrdersYa has opted for constructive dialogue with the authorities, with the aim of continuing to promote the development of the ecosystem and to continue creating opportunities for businesses, distributors and consumers,” they added.
“OrdersYa has committed to constructive dialogue with the authorities, with the aim of continuing to promote the development of the ecosystem and to continue creating opportunities for businesses, distributors and consumers,” he concluded.
– Cristofer Espinoza (@CEspinozaQ) October 6, 2020
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