The new “Riders” law was finally approved and with a lot of media hype. This decree-law obliges platforms to hire their riders. And these companies will have three months to convert delivery drivers from digital platforms into salaried workers. The three months it will take to come into force.
Published in the BOE of 12 May 2021 the Royal Decree-Law 9/2021, of 11 May. It consists of a single article and two final provisions, modifying the Workers’ Statute. It will therefore enter into force on 12 August 2021.
New “Riders” law
As we have said, the new regulation is composed of one article and two final provisions. And it establishes two specific points:
- It establishes that delivery drivers working for digital delivery platforms are salaried employees, and not self-employed (Autónomos).
- It grants the right of information to workers’ representatives in the digitalised working environment, of “algorithms or artificial intelligence systems”. These that determine and may affect working conditions, recruitment or the maintenance of employment.
What are the implications
There is a presumption of employment in the activities of delivery or distribution of any type of product or merchandise. Provided that the company exercises its powers of organisation, management and control, by means of algorithmic management of the service or working conditions, through its own digital platform.
It therefore affects platforms such as Uber Eat, Deliveroo, Glovo, etc., in particular. And these platforms have to quote for their delivery drivers, with no exceptions. They will also have the rights and coverage that correspond to an employee:
- breaks
- paid holidays
- incapacity benefit
- unemployment benefit
- etc…
During the period of time until its application on 12 August, companies will be able to assess and become familiar with the regulation. And they will be able to adopt the necessary measures for its application. Among them, the regularisation of all delivery drivers by registering them in the General Social Security Regime. And, what this entails, the monthly payment of all their Social Security contributions as salaried workers.
Arrabe Integra
Labour Consulting
