About two years ago, Social Security won the first Deliveroo lawsuit. The Social Court number 19 of Madrid issued a ruling in a decisive litigation and more than 500 riders were considered salaried and, therefore, false self-employed. The British company appealed.
First to the Superior Court of Justice of Madrid, which rejected the appeal unanimously ratifying the sentence at the beginning of 2020, and more recently to the Supreme Court that has supported the employment of the more than 500 Deliveroo deliverymen, as we learned this Wednesday.
The high court recalls in its decision some of the reasons that the TSJM used to demonstrate the workforce of the more than 500 'riders' with Deliveroo
"The Supreme Court does not appreciate interest in the appeal"
The Colectivo Ronda, the legal cooperative that defended the riders involved in this process, has communicated on Twitter that The high court has rejected the appeal presented by the multinational against the judgment of the Superior Court of Justice of Madrid.
"The Supreme Court does not appreciate cassational interest in the appeal," they explain, since this same judicial body has already ruled on the employment of digital platform distributors considering a Glovo dealer as a false self-employed when a working relationship is accredited between the same and the company for which it provided service.
The car, to which he has been able to access elDiario.es, notes that "The lack of appeal content is clear in accordance with what is stated in this resolution as this Fourth Chamber has ruled on the matter". In the case of Glovo, the first reason for the appeal for the unification of doctrine filed by the plaintiff was upheld "arguing that the defining notes of the employment contract concur, examining in particular those of dependency and alienation", they explained in a statement .
The General Treasury of the Social Security demanded to Deliveroo the payment of 1.2 million euros in concept of unpaid social contributions
The high court recalls some of the reasons that the TSJM used to demonstrate the employment of the more than 500 riders with Deliveroo, such as the incardination in the governing, organizational and management area of the company of the distributors given the important structural organization necessary for the activity and how insignificant is the contribution of a vehicle and a mobile phone by the workers.
In this way, the multinational distribution company is not satisfied with its claims to overturn the decision of the Superior Court of Justice of Madrid based on a ruling in favor of the platforms issued by the Superior Court of Justice of Cantabria. The General Treasury of the Social Security demanded to Deliveroo the payment of 1.2 million euros in concept of unpaid social contributions, while the Labor Inspectorate demanded the registration of the 523 distributors as salaried employees. This decision also comes with the law rider just approved.