On the Spanish Supreme Court decision on riders

Tribunal Supremo Sala de lo Social, 25 September 2020, No 805

Abstract

Spain has been one of the countries with the highest level of judicialization of the clasification conflict about platform work. Dozens of judgments have been handed down in recent years. Most have indicated the subordination of the platforms workers in the transport sector, despite some have argued that they were genuine self-employed. This contradiction in doctrine has allowed/forced the Spanish Supreme Court to rule about the issue. The decision referred to in this article was handed down by the Labor section of the Supreme Court, in plenary session, and was adopted unanimously by judges. In this judgment the Supreme Court considers that the delivery man is an employee, on the one hand, for the fact of classifying the digital platform as a relevant productive element –against with the motorcycle which is of negligible value-, and, on the other hand, by arguing that the delivery man performed his duties under the brand and for the clients of the company which owned the platform.