There is already a response to the pulse that Uber Eats has launched to the Ministry of Labor, announcing that it will distribute with freelancers again despite the Rider Law. The department led by Yolanda Díaz has warned that it will be “relentless in complying with the law”, putting into action “all the resources” available from the Labor Inspectorate. But, in addition, it launches a warning of greater depth: it is open to demanding responsibilities from restaurants and other establishments that make use of illegal distribution systems, that violate the regulation, according to advances in the Ministry of Labor to elDiario.es.
Just Eat points to Glovo for breaching the Rider Law: “It does tremendous damage to free and fair competition”
“We are going to be relentless with law enforcement,” the Secretary of State for Employment, Joaquín Pérez Rey, assured in the first place to questions from this medium about the Uber Eats announcement. Yesterday, the company sent an email to former distributors of the platform in which it announced that it would re-enable the delivery model. riders autonomous, an intention raised for “after the summer”.
Labor insists it will be “relentless.” “We will do it with all the resources we have at our disposal”, Yolanda Díaz’s ‘number two’ continued, with an important addition: “Without ruling out even demand responsibilities from those establishments that make use of a distribution system that violates the law and that can place them in eventual responsibility for what happens to these workers”, warned the Secretary of State for Employment.
The Ministry thus warns, not only the digital delivery companies that fail to comply with the regulation of ridersbut also warns that the establishments that make use of them, such as restaurants, supermarkets, shops or other businesses that “make use” of these services if they break the law, may be responsible for this abuse.
Restaurants had already shown “concern” about Glovo
The Hospitality employers association of Spain has already shown your worry” when Glovo changed its billing system to try to get around its link on riders freelancers who continue to distribute for their platform. To date, it was the only large company that challenged the Rider Law and maintained the autonomy model, although with some changes compared to the previous one, invalidated by the Supreme Court.
What The newspaper publishedGlovo informed the establishments that the invoices would change and, instead of Glovo invoicing the delivery service to the establishments, it would be the premises themselves that would have invoices with the delivery man on duty for each order placed.
Then, the hotel management pointed out that this unilateral decision by Glovo generated “concern” because it could obstruct the administrative systems of the restaurants attached to its service, but also warned that it could place the hotel companies as responsible for hiring and listing from the workers.
This last fear is the one confirmed by the Ministry of Labor, in its movement to defend the legislation deployed a year ago and in the face of attempts by two of the main companies to skip the labor mandate (Glovo and, now, Uber Eats). Just Eat, another of the key companies in the sector and that has not used freelancers in all these years of battle, recently demanded “sanctions” from companies that break the law with freelancers, a situation that generates a problem of unfair competition, they pointed out .
Labor inspections are already underway
The Rider Law came into force a year ago with the presumption of employment of the distributors of these digital platforms. That is to say, the mandate to sign labor contracts to avoid the systematic abuse of false self-employed workers, verified in numerous sanctions by the Labor Inspection and more than 50 convictions at the time of its approval, including the Supreme Court.
With their launch, only Glovo and Deliveroo defied the law. Deliveroo for just a few weeks, the last ones he had left in the country before leaving. In addition, before leaving, he hired all the delivery men and immediately applied an ERE.
Thus, Glovo was the only large company that remained with the self-employed model, renewed in some details to comply with the new regulation, according to the company, but which the unions have already denounced as illegal.
The Ministry of Labor warns that the Labor Inspectorate has been investigating complaints about breaches of the Rider Law. Therefore, his magnifying glass is on Glovo and its “unpublished” model of freelancers, but the results of these actions have not yet been reported.
If Uber Eats tries to break the regulation, the message from the Ministry of Yolanda Díaz is clear:
“As has been done before with other companies, all the elements of the Labor and Social Security Inspection will be used and all the possibilities available to the Ministry of Labor and Social Economy will be used to prevent it from mocking compliance with the law”, they reiterate in the department of Díaz.