Spain has introduced new legal proposals on 'gig
economy' work, which would introduce a presumption that
delivery platform riders and drivers are workers, placing the
burden on the platform to show that they are not. Gemma Fabregat,
Of Counsel at Ius Laboris Spanish firm Sagardoy argues here that
these changes may not be as far-reaching as they first
appear.
In the wake of a Supreme Court ruling in September 2020 that
riders for the food delivery service Glovo were
employees, the Spanish government has announced new legislation on
platform workers' rights and status.
The proposed regulation (the Royal Decree-Law on the employment
status of individuals working in distribution via digital
platforms) specifically refers to employment status in delivery via
digital platforms. It will give rise to a
new regulation added to the Spanish Statute of
Workers Rights and, based on the wording of the proposal, appears
basically to clarify the presumption of worker status
