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In a decision unprecedented in the history of Colombia, the Sixth Labor Court for Small Causes of Bogotá orders the Mercadoni platform to pay to one of their domiciliary the severance pay, the interest on them, the service premium, the compensated vacations and to make the social security contributions in pensions, when declaring a labor victim between the parties.
(The most requested meals at home during the first semester).
According to Javier Almanza, coordinator of the Labor Area of the Legal Office of the Faculty of Jurisprudence of the Universidad del Rosario, who prepared and accompanied the lawsuit, this ruling is decisive in the use of digital platforms, a sector that has had a great growth boom in the last years, Since with this decision the court affirms and determines that there is a true labor relationship under the principle of the primacy of reality, by proving the personal provision of service and subordination with the provider company.
(Alliances redefine home market in the country).
According to the judgment, there was an indefinite term employment contract between the plaintiff and Mercadoni.
For Almanza, the ruling comes at a crucial moment for this sector, which currently has a great demand for affiliation and connections for the use of digital platforms (messengers), given the speculations that there are related to whether there is a true employment relationship and the legal consequences, such as the recognition and payment of social benefits derived from an employment relationship, such as severance pay, interest, service premiums and vacations.
The recognition of this condition of true workers to this great group of people is a great advance for labor legislation, who from the perspective of labor law have been strongly questioned about their true essence, said the coordinator of the Labor Area of the Legal Office the Universidad del Rosario.
(SIC will investigate domestic applications looking for alleged wrongdoing.)
Before the pandemic in Colombia there were approximately between 20 and 25 thousand workers of digital platforms.
According to a survey by the Labor Observatory of the Universidad del Rosario in which 318 “rappitenderos” were interviewed, 91.2% said they were not affiliated with the General System of Labor Risks; 63.2% acknowledged having suffered accidents at work and 66.7% having contracted occupational diseases in the last 2 years. Of the total sample, 57% claim to be a Venezuelan migrant. For Almanza, these figures reveal that digital platform workers are totally and utterly unprotected against the social security system.
