Recognized employment relationship between 150 delivery men and a home delivery company

The Social Court no. 4 de Oviedo has recognized the existence of an employment relationship between a well-known home delivery company and 150 delivery men who usually place orders by motorcycle or bicycle and provided their services in Asturias between October 2017 and June 2018.

The magistrate has estimated the demand formulated by the General Treasury of the Social Security in a procedure in which the UGT and CC.OO unions appeared. The court ruling considers the actions of the Labor Inspection to be proven, which, in April 2019, drew up a record of liquidation of Social Security contributions to the company, for not registering or contributing for the affected workers.

In the sentence, the judge maintains that the company is not a mere intermediary in the contracting of services between businesses and delivery people, because it is not limited to putting customers and workers in contact, but rather carries out coordination and organization of the productive service. In addition, according to the resolution, which is not final and can be appealed before the Social Chamber of the Superior Court of Justice, it is the company that sets the price and conditions of the service, as well as the essential conditions for its provision, and It is also the owner of the essential assets for carrying out the activity. In this sense, the magistrate highlights that the distributors “lack their own business organization, they do not have premises, with an administrative structure.