this Supreme Court reopened the alleged case employment regulation file (ERE) his secret Uber Food When he unilaterally disconnected his fleet in August 2021 4,000 deliverers Self-employed at the gates of the ‘Rider’0 law enactment. CCOO Y UGT They filed a criminal complaint about the incident with the prosecutor’s office. national audienceclaimed that the home delivery company failed to meet its obligations and fired its ‘riders’ without recognizing the previous employment relationship, thus saving potential compensation for the dismissal. The trial magistrates, on the other hand, vetoed his request, considering that they did not represent them. The Supreme Court ruled on this issue by giving a stern corrective decision to the magistrates’ initial decision, claiming that they had left the workers defenseless by this decision and forcing them to try the case again as stated in the sentence to which it had access. El Periódico de Catalunya is a newspaper belonging to the same group called Prensa Ibérica.
‘Equestrian law’ entered into force last August 12, 2021. Accordingly, all digital distribution platforms have an obligation to hire their deliverers as employees. The rule aimed to regulate an industry that has hitherto been characterized by worker deregulation and the widespread use of fraudulent self-employment, as the Labor Inspectorate and the courts have decided. including the Supreme Court. After the law was passed and the transition period that followed, the rule took effect on August 12, and most companies changed their operating models. All but Glovo, most of whom insisted on the use of freelancers and which Inspection investigated.
And companies’ compliance with the new regulation was also diverse. delivery He decided that the new conditions did not allow him to continue competition in the market and left Spain. To do this, it has previously recruited an entire fleet of 3,800 deliveries, as requested by Social Security, and then made a errand to fire them and pay the associated compensation. On the other hand, Uber Eats has decided to stay, abide by the law and stop working with freelancers. However, instead of contracting directly, he preferred the subcontracted fleet model. And on August 12, it unilaterally disconnected all deliverers operating on its platforms as self-employed.
CCOO and UGT considered that this violated their legal obligations and that the breach of previous regulations was ‘free’. With the disconnect, it turned a clean slate and switched to the subcontractor fleet model. And that’s why she filed a class dispute lawsuit in the National Court. The judges considered the case and said that the plants “they lacked implantation” in the home delivery apps industry, and specifically among Uber Eats employees, and this has invalidated their appeal to what they see as an illegal mass layoff.
Supreme Rapa Polvo to the audience
The centers appealed, and the Supreme Court issued a harsh legal rapa powder to their colleagues, giving them the reasoning. “Like that logical come to a conclusion most representative unions In the industry to which the company belongs, they have the legitimacy to sue and support the unlawfulness of the business decision, under the penalty of effectively avoiding the challenge of the business decision, to terminate the relations of the persons providing services in it” is the rule of the Supreme Court in the sentence of the magistrates.
The Supreme Court condemns the National Court because “refusing to accept such legitimation is the result of 51 ET. [Estatuto de los Trabajadores]The Supreme Court also sued the Court, citing the trade unions’ delay in filing a complaint. “Isn’t the argument that the possible statute of limitations of the lawsuit against the company against which the lawsuit is filed is sustainable?” Now the Court must reopen the case, summon the parties and decide whether Uber Eats took any covert action.
Source: Informacion
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