When labor fraud is put to an end by bringing the employer before criminal justice: readings beyond Glovo

This week, Glovo announced that it will change its model of ridersto move on to the employment contracts of its delivery people. After a long battle, lasting years, with numerous convictions regarding the use of false self-employed workers, even from the Supreme Court, the multinational says that it will adapt to the labor model required by the Rider Law from 2021. It has done so just one day before its boss, Oscar Pierre, will sit before a magistrate accused in criminal justice, a very unusual image in labor abuses and that Labor promoted due to the multinational’s insubordination.

Glovo’s decision to abide by the labor model for its riders It has been expected for years, after many attempts and the fight of many people. From the delivery drivers who organized around RidersXDerechos to denounce that they delivered as false self-employed workers, the first complaints from riders against the multinational, the numerous reports of the Labor Inspection concluding that Glovo used false self-employed workers, the collective lawsuits in the courts of the majority unions and the efforts of the Ministry of Labor, led by Yolanda Díaz.

Many thought that Glovo would hire delivery drivers after the Supreme Court ruling, which concluded that its business model was based on false self-employed workers in 2020, after several years of litigation. But it didn’t happen. Glovo assured that the court system was previous and that the changes implemented in its relationship with the riders guaranteed their autonomy. It is the argument that has always been used, in all attempts to get the multinational to hire its delivery drivers.

The Ministry of Labor even approved a specific law, the so-called Rider Law, to make explicit the necessary labor contracting of workers. riders on digital platforms. But Glovo did not comply with this mandate either. Again, he justified that he adapted his app and that it complied with the law. The company was once again sanctioned by the Labor Inspection, with million-dollar fines for false self-employment and for employing riders without papers, and for failing to comply with the new Rider Law, but the company directed by Oscar Pierre did not budge from its postulates either.

Managers before criminal justice

At that time, groups such as RidersXDerechos and also some unions demanded that the Government take harsher measures against those responsible for the multinational. Specifically, the possibility of the managers being prosecuted through criminal justice was put on the table.

This is an unusual step in the majority of labor abuses in Spain. “It is not common, but there is one case in which it happens a lot, with more precedents, which is in work accidents,” explains Adrián Todolí, professor of Labor Law at the University of Valencia.

“When there is a death of a worker, for example, and prevention measures are lacking, the Prosecutor’s Office usually charges or investigates the employers and there may be a criminal conviction. Although many times it ends up with a financial penalty,” adds Todolí.

In terms of prevention and occupational health we have another relevant recent example, also against a large multinational: Cosentino. Once again, after years and years of fighting by many workers sick with silicosis, an agreement was reached in a court in Vigo that recognized the company’s responsibility when the management of the multinational was charged criminally.

The criminal prosecution of labor abuses is also more common in cases of “exploitation of foreign workers,” adds Eduardo Rojo, professor of Labor Law at the Autonomous University of Barcelona, ​​cases in which the Labor Inspection intervenes. and the Police.

Eduardo Rojo explains that in general “it is difficult to reach criminal justice” in labor fraud, because it is “the last ratio”, very serious, and it is usually difficult to gather evidence of the existence of a crime.

Beware of other labor abuses

Given Glovo’s refusal, the Ministry of Labor took another step: reform the Penal Code, expanding crimes against workers’ rights. After that, and already with a first criminal complaint of riders presented, the Prosecutor’s Office charged the founder and CEO of Glovo, Oscar Pierre, last summer.

With wording highly thought out for the continued abuse of false self-employed workers, the legislative modification of the Penal Code nevertheless targets employers who persist in other labor abuses. From false interns or volunteers to fictitious cooperatives and illegal overtime, among others, according to the experts consulted in Labor Law. The crimes can be punished with prison sentences of up to six years.

Finally, this last chapter in criminal justice, one day after Oscar Pierre testified before the judge, Glovo has changed its position on its business model. Although at RidersXDerechos they are cautious and wait for words to turn into actions.

For many, Glovo’s change represents a precedent for what it means to persecute managers and decision makers in companies when they persist in breaking the law. For Glovo, it is a coincidence. The company has assured that this is not a “defense strategy”, since Glovo complies with the law, they say. Simply, the multinational wants to avoid “new” discussions with the Labor Inspection.