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Spain: first collective agreement for platform workers

  • On 17 December 2021, delivery platform Just Eat and the CCOO and UGT trade union confederations signed the first collective agreement for food delivery workers in Spain.
  • It regulates wages, working time and conditions and came into force in January 2022.

After the Supreme Court ‘s decision on the employment status of workers for a delivery company and after being the first to adopt the so-called Rider law, now comes the first collective agreement for platform workers that, even if it follows the previous experiences from Denmark and Italy in Europe, marks an important shift in the Spanish industrial relations model and its labour market.

The agreement also follows the European Commission’s platform work directive proposal, that, as we reported, provides a presumption of employment for all platform workers, including food delivery couriers, across the European Union.

The director of Just Eat in Spain, Patrik Bergareche, said that this was a "negotiation with a great deal of importance that will mark a historic milestone in the evolution of the sector in Spain". "This agreement will guarantee the proper functioning of labour relations in a new and dynamic digital environment where technology plays an essential role.”

 

The social partners agreed on the following main provisions:

  • An annual wage for a full-time rider of €15,200 or €1,270 per month;
  • Supplements will have to be added to the basic salary for working at night or on holidays;
  • 30 days of vacation, of which 15 must be taken between July and August;
  • A maximum working time of nine hours per day;
  • Two uninterrupted days of rest a week must be respected, including one Sunday per quarter;
  • the mobile phone used to connect to the application must be provided by the platform, as well as all other work tools, such as vehicle and food box. For riders using their own vehicle, the platform must pay corresponding compensation.
  • 80% of contracts must be open ended (temporary workers can represent no more than 20 per cent);
  • Part-time contracting will be possible only with a minimum of 12 hours on weekends and a minimum of 16 hours for the full week;
  • Platform’s undertaking to respect data protection privacy and to inform workers’ representatives about the algorithm used to manage their work.