In Spain, the Supreme Court decided, on the 25th of September 2020 that there was an employer-employee relationship in the case of delivery drivers and riders who work for platforms like Amazon or Just Eats. The platform, it was decided, is not just an intermediary but is also the owner of the information/tools (herramientas) needed for the job.
The decision in the Spanish courts tends to contradict other judgements globally regarding the same matter. For example in California or the UK these workers are freelancers responsible for their own tax and social security payments.
Perhaps one of the reasons for the Spanish decision is that social security payments in Spain are so high that it would be all but impossible to expect these workers to pay their own contributions. This could only be done if the Tax Office and Social Security Department had 100% access to all banking transactions which they don’t.
The only way these platforms can claim that there is no employment relationship between themselves and the worker, is if the individual works less than 10 hours per week and the company can prove that he works for other platforms.
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