New legal blow to the Spanish home delivery company Glovo. The Social Court number 5 of Vigo has condemned the company for the case of 97 false self-employed workers who, according to the judge, really had an employment relationship with Glovo. It is not the first sentence in this sense and, probably, it will not be the last either. Since in September 2020 the Fourth Chamber of the Supreme Court established jurisprudence in this regard with a historic sentence, Glovo’s convictions have not ceased. Then, the magistrates of the high court made it clear: this company “is not a mere intermediary” but rather “performs a work of coordination and organization of the service.” It also “provides delivery and courier services, setting the price and payment conditions for the service, as well as the essential conditions for the provision of said service,” that sentence states.
The case processed by the Vigo court was motivated by the proposal made by the General Treasury of Social Security and declares the employment relationship between the Glovo company and 97 distributors from the province of Pontevedra.
“The price of the services provided, the form of payment and the remuneration to the distributors is set exclusively by that company. The distributors do not receive their fees directly from the final clients of the platform, but the price of the service is received by Glovo, who subsequently pays their remuneration to the distributors. This shows that Glovo is not a mere intermediary between final customers and distributors ”, includes the judicial resolution against which a petition can be filed before the Social Chamber of the Superior Court of Xustiza de Galicia (TSXG).
The sentence also lists six indications favorable to the existence of an employment relationship. The GPS geolocation of the delivery man while carrying out his activity, something that shows dependence on the company. Glovo’s constant control over the service provided by the delivery people. The company provides a credit card so that the delivery person can buy products for the user. Glovo is the only one that has the necessary information to manage the business system. Glovo also pays financial compensation for the waiting time of the riders. And finally, the conditions for terminating the contracts were the same as those that justify disciplinary dismissals.