Notes on the Spanish Supreme Court Ruling That Considers Riders to Be Employees

Abstract

Spain is one of the countries with highest levels of judicialisation of the dispute over the classification of platform working. Dozens of rulings have been issued in recent years. Most have pointed out the labour relation of platform workers in the transport sector, although some have argued that they were truly self-employed. This contradiction in judicial doctrine has allowed / forced the Spanish Supreme Court to rule on the matter. This ruling of 25 September 2020 (rec. 4746/2019) was issued by the plenary session of the Supreme Court on social matters, the decision being adopted unanimously by all the magistrates. The ruling has its origins in the case of a delivery rider who filed an individual lawsuit before the Social Courts of Madrid in order to be reclassified as an employee. The Court's ruling declared him to be genuinely self-employed. This ruling was later confirmed by the High Court of Justice in Madrid but was finally overturned by the national Supreme Court, which unanimously considered him to be a labour worker. In this short commentary we will first summarise the facts considered proven and then go on to describe the arguments used to declare the employment status of the Glovo delivery riders. The work ends with a short reflection.