The new regression in the business model used in the digital home delivery platform. glovo have to pay a total of 9.3 million euros For fraudulent use of 1,296 delivery men from Zaragoza as fake self-employed. this Labor and Social Security Audit (ITSS) He fined this company a second time for not hiring these workers, known as riders– during three-year investigation (between March 2018 and the same month of 2021) was conducted by this organization, according to information accessed by EL PERIÓDICO DE ARAGÓN, a newspaper belonging to the Prensa Ibérica group to which this newspaper also belongs. The company announced that it will submit claims that the issue will be brought to court again.
Specifically, the ‘business police’ claim Glovo 6,056,000 Euros due to distributors not registering with the general regime 3,203,000 for Social Security and unpaid social security contributions. The amounts requested from the company in Aragon capital were added to the penalty of 78.9 million Euros given to him by the Inspection Board. Barcelona Y Valencia 10,614 more riders Those who do their jobs as fake self-employed, according to the ser chain on Wednesday.
demonstrations in these three cities, a macro operation In other capitals such as Madrid, where this firm is estimated to have around 5,000 deliverers, the amount of violations is even higher as the outcome is not yet known. This is the biggest punishment ever labor inspection To the home delivery company founded in Barcelona and now owned by the German giant Delivery Hero. The ‘labor police’ feel that Glovo’s organizational model proves that it violates the law to recover payments into the Social Security coffers and undermines the working conditions of delivery people.
Five-year fine and sentence
Zaragoza’s acts of violation and liquidation were reported to the firm of yellow backpacks in May of this year. The period examined in the last act was before the ‘Ryder law’, which was approved by the Government after a cataract labor inspection, came into effect in August 2021 and this emerged provisions against the self-employed work system. industry. Therefore, the penalty has nothing to do with the new regulations. As of that date, the company has made changes in its working model, but according to the unions, its weapons and It still doesn’t hire most home delivery men.
glovo It was the first digital platform for home delivery by bike or motorcycle (now on a scooter), starting operations in the Aragonese capital just six years ago. This city was also where the company was first certified in Spain. to use employees they did not meet the requirements for self-employment. In the case brought forward by this newspaper in its time, the Labor Inspection Board, 379,963,09 Euro fine After eight months of investigation 329 riders (July 2017 to March 2018).
Actions Against Uber Eats and MyPoppins
This first case resulted in justice confirming the business authority’s criteria with consecutive sentences. This was determined by the Social Court. Zaragoza number 5 by a decision known and approved by the government in January of this year Social Office of the High Court of Justice of Aragon (TSJA) precisely in a decision announced this Wednesday. Countless legal setbacks followed the September 2020 Supreme Court ruling supporting the employment of cyclists against other companies in the industry such as Glovo and Deliveroo for fraudulent use of self-employed workers. a sentence that formed the doctrine on the subject and its rapporteur, judge from Juan Molins García-Atance of Zaragoza.
The Labor Inspectorate filed another lawsuit in Zaragoza for the same business fraud, but against this lawsuit With Uber Eats company and 1,800 delivery staff involved. He also tightened the siege. MyPoppins, the digital platform for cleaning workers, ten workers were affected.
“This is a unilateral decision, which implies a proposal from review after review, in which the company must present its claims. an ex officio procedure in the field of justicethe same will be analyzed to recommend a liquidation and/or infringement action,” Glovo sources say.
Since its inception, Glovo has challenged the view by judges (including the Supreme Court) and labor inspectors in 2014 that delivery workers should be employed as salaried workers, not self-employed. Despite the inspection fines and the new Rider law, which clearly states that deliverers must receive a salary unless the company proves otherwise. Glovo’s current fleet consists of approximately 16,000 soldiers across SpainAccording to industry sources, and only about 2,000 are hired in supermarket departments.
However, on the pulse between Labor and Glovo, the pace of the Labor Inspection works in Glovo’s favour. The penalties known this Wednesday refer to actions prior to the new Rider law. And on them there is the possibility of going to the courts, which is delays the final payment made by the companyDespite this, he continues to work with freelancers. A large number of distributors involved in these processes delay the closure of processes. “We will not give up on the Department of Labour, they will abide by the law,” said the second vice president. Yolanda DiazIn congress halls.
Aragon High Court of Justice upholds sentence against Glovo
On this occasion, a new decision published by the Social Department of the High Court of Justice of Aragon (TSJA) reiterates: There is an employment relationship between Glovo and 329 workers For the purpose of enrollment and contribution to the General Social Security Plan. With this decision, the appeal of the company in question against the sentence imposed by the Fifth Social Court of Zaragoza was dismissed.
The origin of the case, which amounted to a loss of close to 400,000 euros for Social Security, Violation report issued by the Labor Inspectorate in 2018. TSJA understands that there are adequate control mechanisms for the riders, so the freedom of the workers was only in appearance. The social chamber of the Aragon high court therefore fully affirms the appealed decision and orders the aforementioned company to pay the costs. The Social Security General Treasury (TGSS) and more than 300 workers are filing this appeal against the appellant’s claims. Against the punishment now imposed by the Social Department there is an objection before the Supreme Court.