A year and two months after Spain’s ‘Equestrian Law’ came into force, second vice-president Yolanda Díaz formed a joint front with seven other countries of the European Union to extend the law to the 27-man club. Spain jointly signed a letter Italy, Portugal, Belgium, Holland, Slovenia, malt Y Luxembourg Asking the European Commission to protect two assumptions in the platform work directive. On the one hand, this app distributors like glovo, Uber anyone just eat should run as employee by default. On the other hand, every company that uses an algorithm for its internal organization is obliged to inform the workers’ representatives about the effects and preparation of the said algorithm. Basically two points contained in the Spanish ‘Equestrian Law’.
By letter sent to the Minister of Labor Czech Republic -the country that currently holds the rotating presidency of the Council of Europe- and the European Commission’s commissioner for employment and social rights, Yolanda Diaz so it started scaling one of its star standards to the European level. And it does so without the ‘Equestrian Act’ whose effectiveness has been proven by the courts or the Labor Inspectorate. Well, the draft one-and-a-half-page normative extension, which the second vice president managed to reach agreement with employers and unions, did not leave any sentence or inspection, proving that the status of employees of deliverymen was strengthened by the new norm. .
The signatories demand that the current directive “guarantee the correct classification of workers and the full enjoyment of their rights” and “provide access to data and information for the people working on the platforms and their representatives if we want to regulate algorithms properly”. To encourage and promote collective bargaining, according to the letter available to EL PERIÓDICO from the Prensa Ibérica group”.
The digital distribution platforms sector is still in revolt against the legislation of the Ministry of Labor in Spain. glovo It never stopped working with autonomous distributors and refused to adapt its model to the new legislation. Y Uber FoodAlthough its main competition switched to a subcontracted fleet model in the first year, it returned to work with self-employed delivery drivers to compete on the same terms as Glovo a month ago.
No inspections or penalties yet
The Labor Inspectorate has yet to close cases with the new law in effect, and the latter – referring to Barcelona and Valencia, which has left record fines of around 80m euros – cover temporary periods to the ‘Equestrian Law’. well, ‘business police’ He has yet to say whether Glovo or Uber is complying with the ‘Rider law’ because he hasn’t had time to review it yet. Given the generalized traffic jams of the social courts, it could take up to a year and a half to file a lawsuit, and there were no criminal penalties for any deliverymen who used the law to claim employee status. case.
When Díaz announced that he would bring the company he founded a few weeks ago to Glovo, his pulse with Glovo rose. Oscar Pierre Thus, he can determine whether his refusal to hire deliverers constitutes an offense against workers’ rights.