The future law that will establish the employment status of the distributors of digital platforms -the so-called ‘riders’- contemplates a period of three months to regularize the relationship of these workers, a group that the Supreme Court has recognized as ‘false self-employed’.
The latest draft submitted this week by Work to social agents, includes a single transitory provision that establishes that companies affected by the regulation must register workers in the General Social Security Scheme “at the latest, on the first day of the third month from the entry into force of this royal decree-law “. Different social dialogue sources have confirmed to EFE that this formula is understood as a three-month period.
The text, advanced this Wednesday by ‘El Economista’, adds that this term will be understood without prejudice to the liquidation procedures that correspond for the entire duration of the employment relationship for third parties or derivatives of legal claims that affect the aforementioned workers.
The law, which the Government intends to approve as soon as possible, will have a single article by which a new additional twenty-third provision will be introduced in the Workers’ Statute on the presumption of employment in the field of digital delivery platforms. “It is presumed included in the scope of this law, unless proven otherwise, the activity of people who provide paid services consisting of the distribution or distribution of any consumer product or merchandise to third parties, by employers who exercise business powers of organization, direction and control indirectly or implicitly, through a digital platform, by means of the algorithmic management of the service or of the working conditions “, reads the text.
In this way, the norm it will only affect companies like Glovo or Deliveroo, who hire bicycle delivery drivers as freelancers and who have faced numerous work inspections and complaints in court for this issue.
It remains to be seen if it will finally be approved with a social agreement, although the Government has expressed its intention to continue with the regulation if there were not, to transfer the jurisprudence established by the Supreme Court to the regulatory framework.
The text remains far from union pretensions, who wanted the law to reach all digital platforms and force them to reveal the algorithm by which the working conditions are set.
The latest draft of the rule includes a single additional provision that establishes that within a month from the publication of the rule, a tripartite commission will be set up to study digital platforms in the workplace, made up of the Ministry of Labor, the CEOE and Cepyme employers, and the CCOO and UGT unions. This commission will follow the evolution of the performance of digital platforms in the workplace, publishing a report on the matter at least once a year.
Likewise, it must analyze the reality of digital platforms in all sectors and aspects related to working conditions, in particular with regard to the definition of alienation and dependency adapted to these new forms of service provision.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.