The Provincial Inspection of Labor and Social Security of Valencia has issued a resolution in which it is recognized that Just Eat in this city established “contracts in fraud of law through the temporary employment company JY Hiring” for its food deliverers, according to a press release of the CNT union. “Now it is not only obliged to integrate more than 150 workers into its main staff, but to do so indefinitely,” adds the union that filed the complaint that has led to the Labor resolution.
This resolution says verbatim: “(…) It is verified that the formalized availability contracts, which have been formalized, with respect to the workers who have been carrying out the work of food distribution, do not comply with the assumptions allowed in the article 6.2 of Law 14/1994, of June 1, which regulates temporary employment agencies, since we are not dealing with temporary labor relations, which comply with the provisions of article 15.1, of the Workers’ Statute, but before a job of an indefinite nature”.
“After informing the company of such events, it was requested on March 1, 2022, to proceed with the direct and indefinite hiring of the workers who have been occupying the positions of delivery men. Must proceed to carry out all the contracts before March 31, 2022. The company having proceeded to comply with said requirement, ”indicates the resolution.
CNT València “has been highlighting for some time the precariousness of this professional group and the aggravating factor of subcontracting for their employment situation,” the note points out. “We are showing that the union struggle is effective in dignifying and stabilizing employment, putting an end to intermediaries that make it even more precarious,” says Antonio Ruiz, the union’s legal adviser.
The Labor Inspection also establishes that from now on the corresponding collective agreement is applied, since Just Eat in Valencia was accepting that of offices and offices of the Community of Madrid. Likewise, it requires compliance with its obligations in terms of changing rooms, offering a specific one for its women employees, and also carrying out an assessment of psychosocial risks.
In the words of Alejandro Cantón Vitoria, responsible for the sector of riders of CNT València: “We are impacted by temporality and instability. We have split schedules that do not allow us to combine our work with anything else. We go from Monday to Sunday with many kilos loaded in a backpack on our backs. And the agreement does not cover weather conditions either. Emotionally, our employment is difficult to manage.”
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However, from CNT València they hope to set a precedent to truly regularize the situation of people who are dedicated to home delivery, given that a recent regulatory change tried to regulate the situation of “false self-employed”, but this meant the passage to subcontracting through ETT. The resolution of the Provincial Inspection of Labor and Social Security of Valencia marks a change towards contracting in staff and of indefinite duration.