rider’s law | Work will go to criminal proceedings if delivery companies continue to employ false self-employed

2023-08-04 14:58:31

The Ministry of Labor is requiring home delivery platforms compliance with rulings that have ruled that people hired as self-employed are, in reality, workers for others.

According to the information advanced this Friday by ‘El País’, which Europa Press has been able to confirm, if these requirements do not come to fruition, the Department that Yolanda Díaz directs, in office, will transfer the pertinent documentation to the Prosecutor’s Office so that it can take the appropriate actions. criminally. “This requirement is the prelude to the application of article 311.2 of the Penal Coderecently modified”, they have affirmed from Work.

According to the Ministry, cases have been detected in which the workers of these platforms continue to provide services through the figure of self-employed workers, despite the fact that on August 12, 2021 the so-called ‘rider law’ came into forcewhich forces these delivery companies to hire their delivery men as employees.

Companies that repeat the hiring of false self-employed workers may face prison sentences of between six months and six years, according to the reform that was later (2022) approved through an amendment in Congress to article 311 of the Penal Code, presented by the parliamentary groups of PSOE and Unidas Podemos.

The ‘rider law’ was the result of the agreement reached last March by the Ministry of Labor and Social Economy, CCOO and UGT and the business organizations CEOE and Cepyme and affects labor relations between the platforms dedicated to the delivery or distribution of any product or merchandise and its workers, that is, it does not only affect food delivery companies such as Glovo, Uber Eats and Deliveroo.

The law recognizes the presumption of employment of workers who provide paid delivery services through companies that manage this work through a digital platform, in line with the ruling issued by the Supreme Court in September 2020, which established that the delivery drivers are employed and not self-employed.

Likewise, the norm contemplates that the legal representation of the workers must be informed of the rules that contain the algorithms and artificial intelligence systems that can affect the working conditions by which the platforms are governed, including access and maintenance of employment and profiling.