The TSJ of Madrid dictates that a Glovo dealer is a company worker
The First Section of the Social Chamber of the TSJ in Madrid partially estimates the appeal of a delivery man and revokes the decision of the Social Court that established that the relationship he had with the Glovo company was that of a self-employed worker.
The Social Chamber of the Superior Court of Justice of Madrid, composed of 17 magistrates, has condemned GlovoAPP23, SA, after declaring “the ordinary or common labor nature” of a `rider who supposedly worked as a freelancer for the company, actually being a worker “economically dependent on the firm.
The ruling establishes that the contractual link that linked the litigants has ordinary or common legal labor nature. Established that the employment relationship is not autonomous, the magistrates declare the dismissal of the deliveryman inadmissible and condemn Glovo to immediately reinstate the claimant in his job under the conditions that prevailed before the dismissal, but subject to ordinary employment contract, or to fire him with compensation of 2,416.70 euros.
Glovo dismissed the deliveryman in March 2018 under the seventh clause of the contract, for not being available for the provision of messenger services. On that date, the worker was on leave due to injuries suffered in a motorcycle accident in November 2017 when he was traveling through Madrid attending an order. His discharge status remained until April 4, 2018. The company simply sent a message to his mobile when he was admitted to the Hospital La Paz in Madrid announcing the end of the contract.
The TSJ of Madrid revises and repeals the judgment of the Social Court number 17 of Madrid that declared that the legal nature of the relationship between the messengers and Glovo was an economically dependent self-employed worker, that is, the one that invoices at least 75% to a only client, and established compensation for one day’s compensation for the termination of his contract.
The president of the Superior Court of Justice of Madrid agreed to convene the plenary session of the Social Chamber before the prospect of having to decide on several more resources on the labor relationship of Glovo and its distributors and thus reach a “uniform criterion” of the court for the sake of to the necessary legal certainty. “The sentence was notified to the parties.
Deep analysis
The sentence adopted in full “thus corrects the line of a previous sentence” and makes an in-depth analysis of the jurisprudential line of the Social Chamber of the Supreme Court (it has 45 legal bases). It analyzes the work circumstances of the distributors and concludes that the common characteristics of any ordinary labor relationship are given: compensation, alienation of means, result and risks and dependence when being inserted in the organization of the Glovo company.
In addition, it refers to Directive 2019/1152 / EU of the European Parliament and the Council of June 20 on transparent and predictable working conditions in the European Union and rules out that the expressions in the contract regulating that relationship, and that they classify as ” total freedom “of the dump, is something that is nothing but aprioristic statement.