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LABOUR RIGHTS

Spain fines food delivery firm Glovo for not giving riders contracts

Spain has fined food delivery firm Glovo nearly €79 million and forced it to give labour contracts to over 10,000 riders in the country, the government said Wednesday.

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Under the so-called "Rider Law" that came into effect in August 2021, couriers who deliver food, mostly on bicycles and motorcycles, must be recognised as employees instead of being considered self-employed freelancers as before. (Photo by Josep LAGO / AFP)

Labour Minister Yolanda Díaz said Glovo had violated a 2021 law requiring riders for food delivery platforms be employees signed to formal labour contracts, not freelancers.

“The full weight of the law will fall on the company,” Díaz told reporters as she announced the sanctions against Glovo.

She accused Glovo of “violating fundamental workers’ rights” and “obstructing the work of labour inspectors”.

“As a result we have taken action against this company by granting official status to over 10,600 workers” and slapped it with a “very high fine of nearly €79 million”, Díaz added.

Glovo said in a statement it would appeal against the government’s “unilateral” decision.

Under the so-called “Rider Law” that came into effect in August 2021, couriers who deliver food, mostly on bicycles and motorcycles, must be recognised as employees instead of being considered self-employed freelancers as before.

It is the first European legislation that explicitly regulates the status of delivery workers, who get around on bikes and motorcycles and whose numbers have exploded in recent years, despite precarious working conditions.

This means app-based food delivery firms have to pay employee contributions for benefits like sick leave and protections against dismissal.

Shortly after the law came into effect, London-based food delivery firm Deliveroo announced it was pulling out of Spain.

The European Commission in December introduced a proposal on platform work, which would bring in EU-wide criteria to determine whether a gig worker should be considered an employee.

The proposal still must be approved by EU member states and the European parliament.

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HEALTH

How many hours do I have to work to get access to public healthcare in Spain?

A common question among those wanting to move to Spain is if they will have access to the Spanish public healthcare system even if they only work part time or a few hours a week.

How many hours do I have to work to get access to public healthcare in Spain?

In order to understand the answer to this question, you need to be aware of several rules on who has the right to public healthcare in Spain. 

In Spain, you have the right to access public healthcare under the following circumstances:

  • You are an employee or self-employed and are affiliated and registered with the social security system
  • You receive Spain’s state pension
  • You are the recipient of benefits, including unemployment benefits or subsidies.
  • You have exhausted your unemployment benefit or subsidy or other benefits of a similar nature and are unemployed and residing in Spain
  • Children under the age of 15
  • Students under the age of 26

You also have the right to healthcare if your spouse pays into the social security system or if you’re pregnant.

READ ALSO: Does permanent residency in Spain equal free public healthcare?

But what happens if you are an employee, but you only work part-time, does the number of hours you work affect whether you have the right to public healthcare coverage?

Even if you work part-time (or media jornada in Spanish), you will still be paying into the social security system automatically – part of it from your salary and part of it from your employer.

Therefore you will be affiliated in the social security system as in point one above. 

According to stats from Spain’s National Statistics Institute (INE), a total of 6.6 percent of men in Spain in 2022 worked part-time and 21.6 percent of women. In September 2023, there were 2.9 million part-time employees in the country.

As far as social security is concerned, those who work part-time benefit the same as those working full-time when it comes to national healthcare, regardless of the length of their day. Part-time contributions count as one full day when it comes to paying social security.

READ ALSO: What to be aware of before accepting a part-time job in Spain

This rule, equating part-time work to full-time work was brought into force on October 1st 2023 in order to try and help reduce the gender pay gap in Spain, but was designed with the pension system in mind rather than national health coverage.

The advantage is that it also benefits those who want to work part-time and still be able to access healthcare. Even before this was brought into force, however, those working part-time and paying social security were still covered. 

All this means that there isn’t a specific number of hours you must work in order to be able to be covered under the Spanish healthcare system, and as long as you’re paying social security or fall into one of the categories above, you will be able to benefit from it.

Remember that if you’re not employed or self-employed in Spain and don’t have a spouse who is either, then you may not be covered.

To get around this you can either join a programme such as the S1 scheme for British pensioners or pay the convenio especial in order to benefit from public healthcare. For this, you will pay a monthly fee of €60 if you are under 65 and €157 if you are over 65. 

If none of these options are available to you or the requirements of your visa say so, then it’s necessary to get private health insurance instead.

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