A court in Madrid has issued a Judgement declaring that the deliverymen from the company “Glovo” are not false self-employed.
The Judgement, recognizing the independency of the workers, states that the relationship between both parties does not present the characteristics of an “employment relationship”.
Specifically, the Judgment indicates that the delivery person does not have a day or schedule; that he himself decides when he wants to work and when not, what orders to deliver and what not and the route to follow, without the company imposing the class or the number of orders to perform. Furthermore, it states that the worker can even “desist from a service previously accepted halfway through execution without suffering any penalty for doing it.” Therefore, it concludes that “None of these characteristics are predicable of an ordinary labour relationship, but of a working relationship under the autonomous trade regime”.
For Glovo, it is a judicial resolution that reinforces the company’s business model. However, it is a first pronouncement, to be confirmed by a higher Court.
Our department of Labour and Business Law Department is always aware of jurisprudential news for a better advice to our clients.
(Source: EXPANSION)
