Information and communication technologies have had the potential to transform social relationships and consumption habits worldwide, thereby generating opportunities for new business models that revolve, among other factors, around data collection and management, and the provision of services adapted to this new era. The application of these technologies has introduced novel elements into labor relations, making it increasingly necessary to legally regulate the working conditions of delivery workers on digital platforms.
As is widely known, until now delivery drivers and chauffeurs who carried out their activity for digital platforms, commonly as "riders", were registered as self-employed, although there was widespread discontent among them due to their unstable economic and working conditions, which is why their status has been subject to debate and even to several lawsuits discussing their employment status, with different courts ruling on several occasions that this group of people should be considered as employees.
Given this factual controversy and the absence of regulations on the matter, after several months of social dialogue between the Ministry of Labor and the most representative social partners, such as unions and business organizations, a consensus has been reached on the normalization of this issue, the result of which is the publication of Royal Decree Law 9/2021, of May 11, to guarantee the labor rights of people dedicated to delivery in the matter of digital platforms.
The aforementioned legal norm presumes the employment status of persons who provide paid services consisting of the delivery or distribution of any consumer product or merchandise, by employers who exercise the business powers of organization, direction and control directly, indirectly or implicitly, through a digital platform.
It is therefore assumed that food delivery drivers or those delivering packages to homes will be considered employees from August 12, 2021, when the aforementioned Law comes into force, having a period of entry into force called "Vacatio legis" of 3 months from its publication.
Digital platforms, despite their constant and repeated denial of maintaining an employment relationship with their delivery staff, will have no choice but to regularize the situation with all of them, with the obligations that derive from this, including, among others, social security contributions, the right of this group to enjoy their vacation period, legally established rest periods, minimum interprofessional wage in the absence of an applicable Collective Agreement, etc.
Finally, it's worth noting that Ambit published an article months ago regarding the clear need to adapt labor legislation to the situation of delivery riders, a sector experiencing exponential growth, which became even more pronounced during the lockdown period caused by the Covid-19 pandemic. Despite the passage of several years, this premise, which we had already announced and highlighted, has now come to pass.
If you require our assistance to obtain more information or have any questions, please contact us via email at ambit@ambitassessor.com or at our offices.
Do you have any questions about this topic?
Our team of expert advisors will help you resolve any issues related to our services.
Contact us now
A graduate in Law from the University of Barcelona, she also completed a Master's degree specializing in Labor Law and Social Security at the Barcelona Bar Association. She began her professional career as an intern while studying and later joined the Navarro Law Firm as an employment lawyer, advising companies nationwide on labor law matters and representing them before the Labor Courts, the Labor Inspectorate, in conciliation proceedings, etc. In February 2017, she joined Àmbit Jurídic i Econòmic as a professional partner after extensive experience as an employment lawyer.
Latest posts by Laura Rodríguez Nuñez
(see all)
Related
