“Passenger Law”: Will Delivery Users Pay More After Passenger Employment Regime Change?
Users of food delivery apps will wonder if they will have to pay more with the arrival of the so-called ‘riders law’, through cost overruns or surcharges, or even delivery delays. after the entry into force of the decree-law which regulates riders.
“Here, and in other countries, there are unicorns who started the flight saving the cost of social security. If now they have to increase their consumer prices due to higher labor costs, they may have a forecasting problem, greed or a serious accounting problem, ”warns Josep Conesa Sagrera, professor of HR and for settlement of labor disputes at TBS in Barcelona lawyer at Conesa. Legal.
Since the approval of Royal Decree-Law 9/2021, of 11 May, which amends the revised text of the Law on the Status of Workers – which would become the “Law on Riders” – the various food delivery distribution platforms had to adapt to being able to hire their delivery people. This moratorium on the hiring process ends on August 12, when all delivery drivers must be hired and registered with Social Security by the company in which they performed this type of work.
With the new regulations, the delivery service becomes 100% attributable to the company, vis-à-vis the end customer. This means that the concessionaire must respect the delivery deadlines, in accordance with the provisions of the employment contract. Likewise, delivery companies must provide their vehicle distributors with fuel and adequate protection, in addition to the clothing required for each weather condition.
The algorithm – if it exists – will not decide on the runners’ workload or whether they should be made redundant
Workers ‘representatives will have the right to know the algorithm, so that they can guarantee workers’ rights.
The professor of TBS in Barcelona Josep Conesa explains: “The judges considered that the bicycle was not a sufficient element to consider that one was a self-employed worker, especially when the algorithm is used to control, punish or even dismiss the delivery man with delays. or low ratings. “From now on, these practices will be monitored.
This regulation of algorithms will affect not only delivery companies, but also other companies that currently use artificial intelligence to assess the work of a delivery person, such as companies in the VTC, logistics sector or other large technology companies with infrastructure in Spain.
From delivery to TRADE and point-to-point courier
The Rider Act assumes that the relationship will be work, but as Conesa points out: “There are other ways to regulate work relationships. A well-known industrial bakery donut is distributed with an army of TRADE distributors organized through a collective agreement “
As might be expected, these delivery companies will therefore be forced to continue expanding their market to include courier and parcel services, for example, as they have done more sporadically, but the details of the relationship with the customer will be important, because as Josep also points out out Conesa: “As the Supreme Court has already said, in a judgment of February 26, 1985, the motorcycle or similar, due to its low importance, does not affect employment, when the company is the only one to maintain contact with the customer. “
This one-to-one client-business relationship will be decisive, in addition to the algorithm, in defining this always gray line between employment and the self-employed.