A ruling by Court of Social Justice Number 6 of Valencia has just failed that a dealer from Deliveroo, digital food delivery company, was not a freelancer but a wage earner. Based on this basis, ruling declares dismissal of this worker as inadmissible. To reach that point, judge of first instance qualifies relationship as "work" following reasoning of labour Inspectorate, which had already qualified that sentence and dictated that riders are false self-employed. The sentence may be appealed to Superior Court of Justice of Valencian Community.More information
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The first judgement of a court in Spain, according to professor of labor law, Adrián Todolí, in his blog, about distribution companies of digital delivery (Deliveroo, Glovo, Ubereats...) has aligned with criterion of inspection of work, which Already in records raised in Valencia and Madrid had rejected model of work of se platforms by basing itself on use of false self-employed, ie, riders would be really salaried.
"It can only be concluded that y are given [...] The notes characteristic of employment relationship ", says sentence, which a little later indicates:" [ relationship] presents traits that are only conceivable in dependent and unemployed work. " In support of this sis, judge continues to develop elements that would demonstrate that re are principles that determine that relationship in this case would be labor.
What sentence does in fact is to fail that dismissal of a Deliveroo dealer in Valencia was inadmissible and not NULL as he claimed. But before reaching this point, you first have to qualify type of relationship that worker and company kept, Roofoodos Spain, official name of Deliveroo. And that is where it determines that relationship between both parties is labor and not mercantile, as company defends. In or words, dealer is a false self-employed.