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In this sense, the court forced the Mercadoni home platform, which no longer exists, “to pay severance pay, interest on them, service premium and compensated vacations“Says a statement from the El Rosario University legal office, which represented the dealer, quoted by Dinero.
Also, the economic portal says that the application must contribute social security in pensions, for which it must “request the respective actuarial calculation from the fund chosen by the plaintiff.”
Javier Almanza, who led the lawsuit against Mercadoni, told Caracol Radio that through emails and chats he managed to demonstrate that the plaintiff received orders from the directors of the company; in other words, he had a working relationship with the application.
This is an unprecedented ruling that opens the way for thousands of homeowners, who are currently working on applications that do not recognize their benefits, demand these payments.
Almanza assured that this ruling resolves the doubt about whether there is a labor link between the delivery men and the technological platforms, and makes it clear that without human resources, the company could not existadded El Espectador.
“It is a great message to see the regulation of digital platforms. I have a premise: without the existence of these elements, the main reason for companies cannot be, in other words, without messengers Rappi cannot be Rappi, without drivers Uber cannot be Uber. It is a set of activities that will lead to the existence of these activities such as labor relations, ”Almanza said, according to the newspaper.
The decision cannot be appealed by Mercadoni, so if it does not comply, it risks receiving another lawsuit, the newspaper added.
Although the ruling was celebrated by several, Congressman Mauricio Toro warned, as read in the following trill, that the sentence was a “double-edged sword” because it takes away the possibility for workers to be employed on different platforms at the same time.
Double-edged sword! It recognizes basic rights, but makes others impossible: autonomy, being able to work with several platforms at the same time, choosing hours and zone.Now it is time to comply with the schedule and exclusivity like any employment contract
It is urgent to approve our project #ProtectionAlTrabajoDigital https://t.co/yAdI5fqi88
– Mauricio Toro (@MauroToroO) September 29, 2020
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