The Plenary of the Fourth Chamber of the Supreme Court settles the controversy of the riders and the company GLOVO.
The Plenary of the Fourth Chamber of the Supreme Court has declared on 23/09/2020, by means of a communiqué, that the existing relationship between a delivery driver (rider) and the company Glovo, is of an employment nature. The Court refuses to refer a question to the Court of Justice of the European Union for a preliminary ruling. It upheld the first plea in law of the appeal for the unification of doctrine brought by the applicant, arguing that the defining characteristics of an employment contract were met, examining in particular those of dependence and the fact that the applicant was not employed by Glovo.
The SC held that Glovo is not a mere intermediary in the contracting of services between shops and delivery drivers. Rather, it is a company that provides delivery and courier services, setting the essential conditions for the provision of that service. It owns the essential assets for the performance of the activity, making use of delivery drivers who do not have their own autonomous business organisation and who provide their services within the employer’s work organisation.