The Congress of Deputies yesterday validated the Royal Decree of the so-called ‘Rider Legislation’, which includes within the Spanish laws a presumption of employment relationship (versus being thought-about self-employed) for staff engaged in supply on digital platforms. With this, all firms within the sector that make use of supply males to hold out the house supply service should provide them, until confirmed in any other case, an employment contract for another person. This rule is a giant step because it places an finish to an unproductive ideological and authorized debate, through which the employees are the losers. A milestone that we should see as a degree and adopted within the advance in direction of a good regulatory framework for the digital sector to prosper and act as a catalyst within the creation of employment and wealth in our nation.
There are three fundamental explanation why we should always rejoice this new regulation. First, the regulation solves an unacceptable drawback of authorized insecurity in labor issues in a rustic like Spain, and in an internet meals supply sector that contributes almost a billion euros to the wealth of our financial system. This new framework of authorized certainty will make it potential to place an finish to a expensive prosecution course of that slowed down the sector with fifty accrued sentences, and can create the precise situations for operators to go away the courts behind and give attention to advancing our companies and enhancing expertise of our shoppers.
As well as, the readability supplied by the regulation will remove the aggressive disadvantages suffered by these of us who’ve averted linking our enterprise mannequin to the grey areas created by the absence of particular regulation. For instance, Simply Eat contributes a number of million euros a 12 months in Social Safety contributions from our distributors and people of our collaborating firms. The scenario allowed unfair financial savings for these platforms that made use of the freelance mannequin.
The second motive for celebration resides in the truth that the substance of the regulation relies not on one, however on two very clear responses from the Supreme Courtroom to this query. In September 2020 and, extra lately, in Might of this 12 months, the Supreme Courtroom issued a sentence and an order respectively on two totally different however intently associated instances. And each agree that the employment relationship between the supply platform and the supply drivers is undoubtedly of a labor nature, and never a business one. That’s, the relevant jurisprudence determines that the distributors meet the situations of dependency and alienation to be thought-about salaried, and never self-employed. The brand new norm, by turning the choices of the Excessive Courtroom into regulation, strikes the talk on the labor standing of the ‘riders’ away from the ideological airplane to put it on the technical-legal airplane.
Lastly, the third optimistic aspect of this regulation is that it defines a taking part in subject through which the innovation and social safety don’t symbolize antagonistic universes; through which, additionally, firms know what the situations are to develop new modern fashions that reply to the altering wants of our time; and, lastly, through which the distributors know ex-ante and, in a good and clear means, the working situations they’ll have.
These three parts are on the middle of the settlement on this measure, which has taken place on the social dialogue desk, through which arguments introduced by each platforms in favor of the regulation, in addition to these which might be towards, have been debated. After six months of onerous negotiation, this desk managed to unite the place of unions on behalf of salaried staff, employers on behalf of platform and self-employed associations and the Authorities itself across the essential formalization of the norm that we all know in the present day.
A rule that, though some query as hasty or ideological, solely responds to the pressing want to supply a secure authorized framework to a sector that, for 5 years, has been mired in regulatory uncertainty and its status affected by pointless irregularitiess. A sector that has accrued double-digit annual development for a decade and that, prior to now 12 months, was thought-about an important service in the course of the pandemic, taking part in a decisive function within the digitization means of our SMEs and serving to to cushion the deadly impression financial that the coronavirus supposes.
If we have a look at our environment, Spain marks the trail in Europe this time to discover a essential steadiness between the development of recent disruptive fashions and respect for our welfare state. However she just isn’t alone. The UK, the US and Italy are additionally embarking on a regulatory course of that factors in the identical course as our ‘Rider Legislation’. A legislative milestone that, as virtually all the time occurs, leaves two vital pending points.
On the one hand, private and non-private brokers haven’t finished an enough pedagogy of the impacts of the brand new regulation. Proof of that is that there are teams of self-employed staff who reject the rule, when the fact is that it doesn’t forestall stated self-employed staff from finishing up their exercise below a self-employed regime in environments the place there’s actual independence. As well as, those that make a comparability of the revenue and advantages acquired for every hour of labor will confirm that the Worker mannequin is extra favorable for supply males than the self-employed mannequin.
However, the regulation leaves a broader dialogue pending that goals to unravel the issue of the obsolescence of legal guidelines that, for essentially the most half, have been created earlier than the Web appeared in our lives. However Rome wasn’t inbuilt a day. Y this regulation gives stability and justice for staff and corporations of an modern and important trade, laying a primary stone on which this younger sector will proceed to construct its future.
* Patrik Bergareche Sainz de los Terreros is CEO of Simply Eat Spain