The world before the Rider Act is still very much alive. Because although with a regulation in force since August 12, 2021, the sector continues with the hangover of the accounts that were pending before the bet of Yolanda Díaz, Minister of Labor. Waiting for the intentions of suing for the alleged breaches of the current Rider Act, that will come against Uber and Glovo under threat from the minister, now we have the return of some plots from the past. And it comes in the form of a surprise agreement between Uber Eats and the majority unions, UGT and Comisiones Obreras.
The two large unions in the country have reached an agreement with the technological delivery company that seeks to solve the conflict that they had been open since the summer of 2021 and that the Supreme Court returned to the field of play. In this way, and according to the official statement of the UGT and CCOO, the agreement is based on the following terms. Portier Eats Spain, Uber Eats, acknowledges that a collective dismissal took place in August 2021which affected more than four thousand people, and that it is not adjusted to Spanish law.
Under this, Uber Eats undertakes to pay compensation to each of the affected delivery people in the amount of 45 days of salary per year of service, with minimum compensation, depending on seniority and remuneration received in the last year. An agreement that, from the unions, point out that it is historic.
“This agreement will compensate drivers who lost their access to the Uber app as a result of the entry into force of the Rider Law. We have recently launched a new model, in full compliance with current regulations, which includes structural changes that offer the delivery person greater control over their activity, such as the possibility of freely setting their rate. We remain committed to collaborating with the Government and the unions to improve the work of all delivery drivers”
Uber Eats spokesperson
The origin of the conflict with Uber Eats
The disagreement that began with the entry into force of the Rider Law itself. According to the new regulations, the riders of the platform could not continue operating under the autonomous formula –one that has later been finding ways and adapting to new supposedly valid models– On August 13, Uber Eats simply disconnected almost 4,404 riders from the platform. application to be able to move to the controversial system of subcontractors. For the UGT and CCOO this was an ERE hidden from the manual. Based on the sentences that the rider sector had received, considering these professionals as false self-employed workers, the unions considered that Uber Eats had not followed the legal channels.
The matter ended up in the National Court, a body that ended up rejecting the unions’ complaint. As they pointed out, the unions could not get hold of the representation of a predominantly autonomous collective. After this, the matter was raised to the Supreme Court in order to determine if the National Court had jurisdiction or not.
In July 2022, the Supreme Court agreed with the UGT and CCOO. The National Court should reopen the case of the Uber Eats riders and listen to the parties. According to the High Court, the decision of the National Court left defenseless to a group of workers who, due to their status as self-employed, would have to sue in a unitary manner and, therefore, not be considered a concealed ERE in the event that it were ruled in those terms. .
And now, with the agreement, what happens?
Sources familiar with the agreement with Uber Eats point out that reaching good terms with the unions is good news, despite the fact that if they had faced a trial, it could have ruled in favor of Uber Eats. Not only because of the riders affected by the disconnection, let’s remember that 4,404, but because of the implications that it could have in the future.
In other words, Uber wins despite having to pay the costs of the agreement reached with the unions. In the eyes of technology It is a way of ratifying your position regarding the false self-employed. An agreement with the unions removes, in the eyes of Uber, the elephant from the false self-employed in the room.