The new very high fines of almost €79 million add to the long list of sanctions imposed on Glouvo for using fake freelancers. Violations accumulate by the hundreds, Inside and outside of SpainWithout changing the company’s business model, relying on couriers that it does not hire and that it requires to be classified as self-employed. Even though the government has approved new specific legislation to prevent it, the so-called “Rider Law” against false self-employed abuse and that Glovo continues to challenge its position as one of the most powerful companies. sector. In addition, a new “defiant” company, Uber Eats, has been added.
The new sanctions in Barcelona and Valencia are relevant in their large number. They increased the claims made by the Labor Inspectorate over the entire history of Glovo to 148 million euros, as it was carried out in Spain, this media learned. On the one hand, 87 million euros for concealing the employment relationship of its messengers who were falsely self-employed, and on the other hand, 61 million euros for unpaid social security contributions by suppliers through liquidation acts. .
On the other hand, Glovosh claims that the latest fines do not mean a change in their self-employment model for these media questions. The reason is that the period analyzed by the labor authority is still before the entry into force of the “Ryder” law, when the company updated the conditions. “It means 2018 until August 11, 2021,” they answer from Glovo to elDiario.es.
For this reason, as it has done until now, and without the Labor Inspectorate making a decision to mourn the new model of self-employment, which was implemented more than a year ago, the company insists that it complies with the Rider law and will continue to work without. News.. In addition, Glovo has announced that it intends to appeal the new labor resolutions, which, as always, begins a new round of challenges that will delay these processes over time.
Regardless of the importance of the sanctions, the fact is that Glovo is used to these penalties and nevertheless continues to grow and consolidate in the market. The history of cases opened due to his complaints and violations is long. First of all, because of labor violence, as its new owner, the German supply hero, admitted in its latest reports, which warned of several pending cases that could lead to a “drain of resources” from the company.
Last year’s New Year’s Eve purchase agreement with a well-known German company stated that Glovo More than 300 cases have been accumulated in the worldLa Vanguardia reports. In Spain, due to his work model, the court even reached the Supreme Court, which issued a corresponding decision, in which the High Court concluded that he used false self-employment.
Although most of the violations condemned or sanctioned are related to the labor model. riders, there are also open cases regarding data protection and Glovo’s commercial practices. This summer, it became known that European Commission antitrust regulators are investigating the company and Delivery Hero.
Despite this offensive summary, many thought the new Rider Law would end the grieving ban. This was a new law tailored by the Ministry of Labor to prevent the abuse of false self-employed workers in the digital delivery platform sector. The regulations came into effect on August 12, 2021, after a three-month period for companies to adjust their contractual labor obligations. But it didn’t work: Glovo challenged the presumption of norm employment with a new self-employed model that continues to operate more than a year later.
is functioning and has not yet been canceled by the Labor Inspectorate, remembers the company. Known inspections to date include periods before the Rider Law, for which the company reiterates that its freelancers are legal.
Glouvo thus avoids one of the weak points that groups like RidersxDerechos highlighted when the rule was approved: how long labor inspectorate investigations take. They can last for months and even more than a year, and even longer if the case goes to court. In the following months, for example, Glovo will be reviewed in Madrid with the inspection act of May 2019. Meanwhile, Glovo continues to work with freelancers.
The ministry under the leadership of Yolanda Dias once again declares that they will be ruthless in the observance of the norm. “We’re not going to stop, they’re going to follow the law,” the government’s second vice president insisted on Wednesday regarding the latest sanctions against Glovo. The question is when and how this affects the sector as a whole and its workers.
Because it’s been more than a year since GLOVO set the Labor Department on its pulse, and instead of imposing regulation, the Rider Law is adding a rebellious new company: Uber Eats, one of the most powerful in terms of customer base. The company renewed its autonomous riders this September after abandoning them to comply with the Rider Act. Among his arguments was that mourning could not compete.
This is the same argument that Just Eat condemns, that it already had a labor model (mainly based on outsourcing) and that as a result of the debate in favor of the Rider Law it began to hire couriers directly into its workforce. The company has ensured that the sector suffers from unfair competition with bogus self-employed workers, causing other companies not to pick up the labor costs they charge.
For this reason, trade unions and some voices in the academic world are demanding a strong hand from the government. The Secretary of State for Employment, Joaquín Pérez Rey, has even opened up the possibility of seeking criminal liability from the offending companies, but so far there has been no progress. “The paradox is that there is a company that is destroying the sector, competing at the bottom, and despite having passed a law to prevent this, it continues,” criticizes a union source.
Source: El Diario