Entrepreneurs in Spain, as noted by the Spanish Confederation of Business Organizations (CEOE) on numerous occasions, find that executing layoffs are “too expensive” and complicated. Conversely, labor unions argue that it is excessively cheap and that workers are inadequately protected. In the midst of these opposing viewpoints, the specific cases of individual companies and employees often lead to disputes being taken to court.
This is what occurred recently with a Uber Eats delivery driver — hired through another company that provides services for the multinational – who was terminated for allegedly failing to meet his work commitments. However, judges have ruled against the company—specifically the outsourced firm, not Uber Eats—ordering his reinstatement or compensation for unfair dismissal.
In Spain, distributors and drivers for delivery companies, from Amazon to Uber to Glovo, cannot be classified as self-employed, as there is a clear and ongoing employment relationship. Consequently, in 2021 this delivery driver received the following message: “As you know, the Spanish Government has approved a new law stating that, starting August 12, 2021, food delivery drivers cannot be self-employed. At Uber, we continue to support Spain and want this transition to be as smooth as possible for you. Therefore, we have launched a series of pilot projects with delivery fleets in several cities. These companies are specialists in the delivery sector and hire their delivery drivers directly. If you want to work as a delivery driver for one of the fleet companies that collaborate with Uber, please click below.”
Thus, this individual began working for one of those companies from that point onward. Between that moment and the year 2022, he went on temporary disability sick leave 14 times. Two days after returning from his last sick leave, he was terminated.
The company cited as the reason for dismissal that the delivery person was canceling orders without justification, whereas the contract stipulates that he must fulfill 100% of the orders received through the platform. In his defense, he detailed that, for instance, in a week during which he received 69 orders, he canceled three; and in another week with 41 orders, he canceled three more, did not accept one, and rejected four. The company issued a disciplinary dismissal letter, stating that he had canceled these orders without providing any reason and therefore had committed a serious offense.
However, the worker brought the case to the courts, where he was vindicated. In its ruling, the Superior Court of Justice of Catalonia determined that the dismissal was unjustified. The judges noted that the dismissal letter from the company contained generic allegations, which could have led to the worker’s sense of “defenselessness,” as it failed to specifically outline the details of the alleged infractions.
They further stated: “The temporal relationship between the dismissal and his return after a period of temporary disability, which had been preceded by other such instances, indicates a pattern of discrimination based on illness, given that only two days had passed since his reemployment.” The ruling allows the company to decide whether to reinstate the worker within five days or to pay him compensation of 4,435.43 euros.
Impact of Recent Employment Laws on Gig Workers in Spain: The Case of Uber Eats
Understanding the Current Labor Landscape in Spain
In Spain, entrepreneurs often express that implementing layoffs is “too expensive” and complicated, as stated by the Spanish Confederation of Business Organizations (CEOE). Conversely, labor unions argue that the current system is excessively lenient, leaving workers unprotected. This ongoing conflict is particularly evident in disputes that arise in the gig economy, where workers often find themselves without adequate support.
Case Study: Uber Eats Delivery Driver
Recently, a case involving an Uber Eats delivery driver hired through an outsourcing firm exemplified these tensions. The worker was dismissed for allegedly failing to meet work obligations. However, the court ruled against the outsourcing company, ordering them to reinstate him or provide compensation for unfair dismissal.
The Context of Gig Economy Employment
In Spain, delivery workers for major platforms, including Uber, are not considered autonomous workers. The government introduced a law in 2021 mandating that food delivery drivers cannot be self-employed. Uber responded by facilitating a transition to employment through specialized delivery fleets. This shift has significant implications for worker rights and job security.
Background of the Case
The worker had incurred 14 sick leaves due to temporary disability between his employment start in 2021 and 2022. Shortly after returning from his latest sick leave, he was terminated.
Dismissal Reason and Court Ruling
The company cited that the driver canceled orders without a valid reason, which they viewed as a serious breach of contract. However, upon legal review, the courts found the dismissal to be unjustified. The judges noted that the dismissal letter lacked specific details about the alleged misconduct, leaving the worker feeling defenseless.
Additionally, the timing of the dismissal, just two days after his return from disability leave, raised concerns over potential discrimination related to illness.
Legal Implications and Rights of Gig Workers
This case underscores the need for gig workers to understand their legal rights under new employment laws in Spain. Here are key points related to gig worker rights:
- Job Security: Gig workers classified under recent laws have greater job stability than previously seen.
- Compensation Rights: Workers in the gig economy are entitled to compensation if terminated unfairly.
- Unlawful Retaliation Protection: Workers cannot be dismissed for taking sick leave or asserting their rights.
Comparison of Employment Models: Traditional vs. Gig Economy
| Aspect | Traditional Employment | Gig Economy |
|---|---|---|
| Job Security | High | Variable |
| Pathway to Benefits | Defined | Limited |
| Control over Work Schedule | Less Flexibility | High Flexibility |
| Legal Protections | Comprehensive | Emerging |
Benefits of Understanding Your Rights as a Gig Worker
Knowing your rights can help you:
- Protect yourself against unfair dismissal.
- Ensure you receive proper compensation after termination.
- Navigate disputes with your employer more effectively.
Practical Tips for Gig Workers
Here are some practical tips for delivery drivers working with platforms like Uber Eats:
- Keep Records: Document all communications and maintain records of your deliveries and cancellations.
- Know the Law: Stay informed about changes in labor laws that affect your employment status.
- Seek Support: Engage with labor unions or advocacy groups that specialize in gig economy workers’ rights.
First-Hand Experiences: Voices from the Gig Economy
Many workers share their experiences navigating the complexities of gig employment. Here’s a brief overview:
Testimonial: “After being dismissed, I felt completely lost. The support of my peers and the court’s ruling was a relief. It’s crucial that we understand our rights to prevent exploitation.” – Former Uber Eats Driver
Moving Forward: The Future of Gig Employment in Spain
The evolving landscape of gig work in Spain emphasizes the need for ongoing dialogue between companies, policymakers, and workers. As courts reinforce workers’ rights, gig workers can feel more empowered to advocate for fair treatment in their employment. This case serves as a reminder of the importance of legal protections and the role that effective representation plays in safeguarding workers’ rights.
