Dispatch No. 30 - Spain - Notes on the Spanish Supreme Court Ruling that Considers Riders to be Employees
Spain is one of the countries with the highest levels of judicialisation of the dispute over the classification of platform working. Dozens of rulings have been issued in recent years. Most of them pointed out the labour relation of platform service providers in the transport sector, although some argued that they were actually self-employed. This contradiction in judicial doctrine allowed / forced the Spanish Supreme Court to rule on the matter. This ruling of 25 September 2020 (rec. 4746/2019) was issued by the plenary session of the Supreme Court on social matters, the decision being adopted unanimously by all the magistrates. The ruling has its origins in the case of a delivery rider who filed an individual lawsuit before the Social Courts of Madrid in order to be reclassified as an employee. The Court’s ruling declared him to be truly self-employed. This ruling was later confirmed by the High Court of Justice in Madrid but was finally overturned by the national Supreme Court, which unanimously considered him to be an employee. In this short commentary, they will first summarise the facts considered proven and then go on to describe the arguments used to declare the employment status of the Glovo delivery riders. The work ends with a short reflection.
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- On-location platform-determined routine work
- employment status
- Comparative Labor Law & Policy Journal (Publisher)
- Open access