The General Treasury of Social Security (TGSS) maintains that 168 delivery workers from the Glovo company in Gipuzkoa worked as false self-employed workers between October 2018 and December 2020, because it considers that they carried out their work as employed workers for this company.
During the trial for these events, held this Monday in the Social Court number 4 of San Sebastián, the TGSS lawyer has claimed 410,587 euros for the contribution settlement fee to this body that would be pending payment by the defendant company.
For their part, the lawyers of the LAB and CCOO unions have requested, on behalf of several of the affected workers, that the claim of the Social Security Treasury be admitted and that the operators be declared as employed workers of Glovowhose lawyer has maintained that they were self-employed workers.
During the oral hearing, the Social Security lawyer assured that Glovo established the “guidelines” and “way of operation” of the delivery people through the company’s own application, in which certain time slots are specified and which also monitored its geolocation.
The Social Security lawyer has also highlighted that the company is the owner of work “means” like this applicationin addition to supplying others such as the backpack with which they placed orders and a “bank card” that was made available to the delivery people, as well as a “qualification system” for these operators.
This lawyer has also highlighted that The “payment method” of those affected was determined by the company based on a base rate complemented by two other variable amounts, depending on whether they traveled by bicycle or in a motor vehicle, and the waiting time.
All of this has led him to assure that, in his opinion, Glovo is not a “mere intermediary” in the contracting of services, but rather is “a true employer of workers” with whom he would maintain “a relationship of an employment nature.”
Following these conclusions, to which the representatives of LAB and CCOO have adhered, Glovo’s lawyer has asked that the TGSS lawsuit be declared “inadmissible”while citing a resolution of the Court of Justice of the European Union (CJEU) according to which These delivery drivers would be self-employedbecause they are free to reject orders, they can freely disconnect from the application and subcontract orders, and even work for the competition.
A situation that, in his opinion, It should also be analyzed on a “case by case” basis. and not in a general way as proposed by the Social Security demand.
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