The number one multinational in e-commerce, Amazon, will appeal the sentence of the Social Court number 14 of Madrid that condemns it for having 2,166 delivery men who operated with the model called Amazon Flex as false self-employed. These delivery men were forced to use their own vehicles to perform the service.
Amazon has informed the sources that, although they respect the judicial resolution, “we do not agree and we are going to file an appeal.” The company has taken the opportunity to ensure that they are “committed to creating opportunities in the communities in which we operate.”
“Between 2018 and 2021, we also collaborated with some freelancers through the Amazon Flex program, which accounted for a small percentage of the packages delivered in Spain. This program has not operated in the country since April 2021,” the electronic retail giant has specified.
Case similar to that of Glovo
In the sentence known yesterday, the multinational was condemned for using the delivery men who “were forced to work with their own vehicles to deliver packages using a company application that indicated how to work” as false self-employed workers.
The court thus derives from the doctrine of the Supreme Court of September 25, 2020, when it concluded that the Glovo distributors had an employment relationship with the company, which is a new case of the use of false self-employed by digital platforms.
In said ruling, it was ruled out that the company operates as a mere intermediary between businesses and distributors and categorically declares that “the elements of dependency and alienation that determines qualifying the legal relationships analyzed (…) as common labor relationships concur.”