The Social Court number 14 of Madrid has sentenced Amazon establishing employment in its relationship with 2,166 delivery men framed in its model called Amazon Flex that the company used as false self-employed workers, UGT reported this Thursday.
This is the first sentence suffered by Amazon, where the delivery men were forced to work with their own vehicle to deliver packages using a company application that indicated how to work.
Thus, UGT stressed that the same day that the text for the European Directive to regulate work on digital platforms has been approved in the European Parliament, Court 14 of Madrid has sided with the legal services of the union, part of this procedure, applying the doctrine of the Supreme Court of September 25, 2020 in which the employment of the relationship for the provision of services of the Glovo distributors was determined.
“This supposes a further advance of the jurisprudence as a mechanism to arrive at the correct adaptation to the new work modalities that are being generated according to the integration of computer applications in the productive processes”, valued UGT, which explained that the sentence rules out that the company operates as a mere intermediary between the businesses and the distributors.
The sentence declares that “in short, the elements of dependency and alienation concur, which determine to classify the legal relationships analyzed to which the settlement document refers, as common labor relationships, which means estimating the demand declaring that the persons reflected maintained an employment relationship with Amazon Spain Fulfillment S.L., in the specific periods in which each of them provided services within the period covered by the settlement act”.
The court considers that the concept of employee, consolidated in the Court of Justice of the European Union, contemplates a broader notion of employment contract. This conception, which has been incorporated into Spain by the ‘ryder law’ and which takes into account the appearance of companies that provide services through new technologies and digital platforms, has also been included in the Directive that has been approved this Thursday in the European Parliament.
“At UGT we continue fighting so that the rights of workers who provide services on digital platforms are respected, in such a way that their work is provided in minimum conditions of security and dignity, avoiding situations of labor exploitation that, unfortunately, are very common. frequently in these new business forms. The future directive will reinforce the protection of delivery people with a clear determination of the signs of employment relationship and will contribute to this massive fraud ending up disappearing for the benefit of hundreds of thousands of workers and workers”, settled the labor union.
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