Surely, in recent days you have heard about the recent Royal Decree-Law 9/2021, of May 11, by which the status of workers, approved for the purpose of guarantee labor rights of workers who are professionally dedicated to the distribution of products, in the field of digital platforms, such as Glovo, Deliveroo, Uber Eats, etc
Until now, to start this type of work, an essential requirement was to register in the self-employed regime.
The standard has been approved by the Minister council, through a legal means that enables it to do so: the Royal Decree, under the pretext of urgency. The Preamble of the norm explains the reason why it has been approved in such a way, without taking into account the Congress of Deputies.
Explains that the risk “that a growing number of people who carry out their activity in the atypical context of digital delivery platforms are excluded from their scope of application and condemned to a situation of extreme vulnerability.”
The regulations consist of a single article and two final provisions.
Right to information to the Works Committee
The first letter of the article introduces section d) of art. 64.4 of the ET, which includes the right of works council of the following to be informed by the company of the parameters, rules and instructions on which the algorithms or artificial intelligence systems that affect decision making are based, which may affect the working conditions, access and maintenance of the employment, including profiling.
What does this imply?
To understand it a little better, perhaps we have to refer to the Supreme Court ruling No. 4746/2019 of September 25, 2020, which determined the following regarding the artificial intelligence systems that these types of companies use to carry out organizational decisions inside the company:
In practice, this scoring system for each delivery person conditions their freedom to choose schedules because if they are not available to provide services in the time slots with the most demand, their score decreases and with it the possibility of being assigned more in the future. services and achieve the economic profitability they seek, which is equivalent to losing employment and remuneration. In addition, the company penalizes delivery drivers, ceasing to assign orders to them, when they are not operating in the reserved slots, unless justified cause is duly communicated and accredited.
The consequence is that delivery people compete with each other for the most productive time slots, with economic insecurity derived from commission remuneration without any guarantee of minimum orders, which causes delivery people to try to be available for the longest period of time possible to access more assignments and a higher remuneration.
General regime presumption
The second letter of the article determines that this work activity a service provided on behalf of others will be presumed when you meet the following requirements:
- Let them lend paid services that consist of the distribution or distribution of any consumer product or merchandise.
- That Employing companies exercise business powers of organization, direction and control directly, indirectly or implicitly through a digital platform.
Implying?
That companies must pay salaries to their workers, registering them in the General Regime and paying their dues to the Social Security.
When will this law come into force?
Three months after its publication in the BOE. That is, the August 12, 2021.
With the Master in Human Resources: People Management, Talent Development and Labor Management, you will be trained in this passionate field of work and will have knowledge about work procedures that are carried out in companies.
What do you think of this new rule? Do you think it is beneficial for riders? Leave it to us in the comments.
