The draft of the 'rider' law proposes to employ the distributors and force the platforms to reveal their algorithms

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Last week the Ministry of Labor led by Yolanda Díaz held a meeting with employers and unions to lay the foundations of the future law that aims to regulate work on digital platforms. Week and a few days later, we already know details of a first draft of this law rider.



According to the text you have had access to Information, the Draft Law Against the Flight of Labor Law through New Technologies seeks to "avoid the flight from labor law eventually brought about by new forms of service provision through new technologies, especially digital platforms ", such as Glovo, Deliveroo or Uber Eats.






Beyond the employment relationship, the future 'rider' law aims to regulate other aspects such as the schedule, the use of own equipment or the transparency of the algorithms that organize the activity




The draft of this possible future standard, which for now does not deal with VTC platforms as speculated, seeks to employ delivery drivers by modifying the Workers' Statute and, comes to regulate other aspects of the relationship between riders and companies that "distribute or distribute any consumer product or merchandise to third parties" or "services in the family home area" such as the schedule, the use of their own equipment or the transparency of the algorithms that organize the exercise.



Algorithms, the great secret of platforms, revealed




Glovo delivery man with mobile in hand



Work makes clear in this first legislative draft its intention to create a registry of digital platforms, according to data from Information.



This record will be publicly accessible and All entities that present or function as digital platforms must be registered in it with their algorithm exposed. This mandatory algorithm record "shall include, at a minimum, the pseudocode or flowchart used."




The registration of digital platforms would require the mandatory registration of the algorithms including, at a minimum, "the pseudocode or flow diagram used"




This index of companies will be launched two months after the entry into force of this possible future law and It will affect the transparency of this key element of the operations of these companies, which is normally in charge of assigning the distributions to the available distributors based on parameters that are usually criticized by riders.







Glovo and the figure of the 'rider' as a false autonomous: what separates the judges to disagree





Regarding employment, the law rider would modify the Workers' Statute so that those considered "collaborators" by the platforms become employed workers especially when "their working conditions, the maintenance of their employment, the volume of the same or the remuneration may be affected, as a consequence of autonomy in the way of providing work or in compliance with the conditions that may have been established, including freedom of schedule ".




The 'rider' law would modify the Workers' Statute so that those considered "collaborators" by the platforms become employed workers




A issue usually settled in the courts and on which the Supreme Court recently ruled concluding for the first time that a rider he was a false self-employed person since there was an employment relationship



Likewise, this draft includes modifications to the Workers' Statute beyond employment, including the obligation of companies to pay a salary bonus when distributors use their own means for the activity such as a mobile phone or a vehicle.



It also enters the schedules to set the "Right of workers to know their effective weekly time slots" at least two days in advance. However, the possibility of clarifying this key point is left to collective bargaining also for workers who denounce, on occasions, the lack of promised flexibility.






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