Madrid court confirms Glovo's talent is not under the umbrella of labor laws

This article was written and published in Spanish and has been translated into English via Google Translate. Click here to read the original article.

The Superior Court of Justice of Madrid (TSJM) has validated the business model of Glovo and its relationship with the distributors based on the independence granted by the self-employed.

So far, Glovo accumulates nine sentences favorable to its business model, which reflects the legal certainty in which the company is framed in relation to its distributors.

The TSJM dismisses the appeal filed against the first instance dismissal judgment, and confirms that the relationship between the dealer and Glovo is alien to the labor order and typical of an economically dependent autonomous worker relationship (TRADE).

In fact, the TSJM emphasizes that in the development of the legal relationship, the legal regulation referring to the economically dependent self-employed worker has been scrupulously respected.

In addition, the TSJM indicates that the qualification as labor or not of a relationship must start from a thorough analysis of the elements and factual circumstances of each relationship, “based on the statement made by the Supreme Court of the special difficulty of doctrinal unification in the cases of determining whether or not there is an employment contract, due to the need to assess the concurrent circumstances in each case ”.

The sentence is based on the following fundamentals:

The freedom of time choice in which the dealer wishes to collaborate, with setting the start and end time of his activity; and even within that period, the possibility of not activating the “auto assignment” position, which means that you do not want to be available.

The freedom to accept those orders and slots that you wish to make without having to execute a minimum of them, with the possibility of rejection even once your execution has been accepted and initiated (without any penalty).

The freedom to choose the route to reach the final destination, set by the customer, being the one who establishes the characteristics of the product to be purchased and the method of delivery, establishing a direct relationship between the dealer and the customer.

The personal accomplishment by the distributor of the activity without having workers in his charge, putting on his part the "scarce material means" that are required for the development of the same, a motorcycle and a mobile phone.

The Social Security affiliation through its registration in the Special Scheme for Autonomous Workers, which implies its previous declaration that in the development of its work it complies with the requirements that such regime requires to be integrated into it.

Remuneration based on the number of services provided and not set per unit of time. When also charging for mileage, it is necessary to check by a geolocator.

Non-existence of an exclusive agreement, always with respect to the limits set by the definition of TRADE itself, being able to reconcile the tasks derived from its contract with Glovo with others of any nature that could be developed with a third party.

No need to justify the absences, just the mere communication, if possible in advance, of their unavailability to carry out errands or commissions.

Assumption of responsibility for a positive service (charging only after satisfaction of the client) and assumption to the user/customer of any damage or loss that the product or merchandise could suffer during transport.

Even so, Glovo requests “greater legal certainty with the new labor relations derived from digitalization, without destroying a model that has been shown practical and useful for all parties involved”.

This article was written and published in Spanish and has been translated into English via Google Translate. Click here to read the original article.

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