A Madrid court recognizes that the delivery company should have hired employees who had to use their own vehicles to deliver the products
Court 14 in Madrid condemns Amazon for using delivery drivers as false self-employed workers. Specifically, this court has declared the employment relationship of 2,166 delivery people who had been forced to work with their own vehicle to deliver packages using a company application that indicated how to work (Amazon Flex). The ruling recognizes that these workers should have worked as employees.
This is shown by the sentence of this court collected by the legal services of the UGT. In said sentence, it is ruled out that the company operates as a mere intermediary between the businesses and distributors and emphatically recognizes that “ultimately, the elements of dependency and alienation concur, which determine to qualify the legal relationships analyzed to which the act of liquidation, as common labor relations”.
The sentence declares that this “means estimating the claim by declaring that the people reflected maintained an employment relationship, in the specific periods in which each of them provided services within the period covered by the settlement act.”
Said court considers that the concept of employee, consolidated in the CJEU, contemplates a broader notion of employment contract. “This conception, which has been incorporated into Spain by the Ryder Law and which takes into account the appearance of companies that provide services through new technologies and digital platforms,” they indicate from UGT.
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