Important victory of social security against Glovo in his millionaire judicial fight for the social contributions of his delivery. The National Court has lying one of the sentences of contentious-administrative favorable to the multinational, which endorsed its autonomous 'riders' system despite the sentence of the Supreme of 2020, and which Glovo has used so far in several of its open judicial causes. For example, that of unfair competition with Just Eat and in the imputation of its founder, Oscar Pierre, for a crime against workers' rights.
The National Court estimates the appeal of the Treasury of Social Security in one of the 20 sentences favorable to Glovo in the contentious-administrative, all of them first instance, recognize this medium in Glovo. Specifically, the magistrates annul the judgment of July 23, 2024 of the Central Court of Contentious-Administrative number 10, which knocked down the quota settlement act that Social Security required to the company for the procedure of the Open Labor Inspection in Valencia. Specifically, five million in quotes and 10.7 million in an added sanction.
Now, the National Court rejects the conclusion of this court and concludes that the company used false freelancers. The magistrates remember that, with the same facts or very similar, the Social Chamber of the Supreme Court concluded in September 2020 concluded that the messengers should be salaried.
“It is appropriate to comply with what is decided by the Supreme Court in this regard and affirm the labor nature of the relationship on the dates to which the act refers and, thereby, estimate the appeal,” collects the judgment of the hearing. The liquidations affect the period from 2018 to August 2021, when the Rider and Glovo Law entered into force applied some changes to their model, although it continued to function with self -employed.
The Court supports the settlement of quotas imposed by Social Security, with 20% surcharge for the delay, but the sanction imposed on the company for guilt is tombed. The magistrates consider that “the infraction appreciated for lack of contribution takes as a starting point a legally controversial issue at that time” and “that does not allow to appreciate the subjective element of the guilt, consisting of the intent (consciously straightened action to the realization of the infringing type) or guilt, understood as conscious contempt for the fulfillment of the standard that is known applicable.”
Key precedent in a millionaire battle
The Doctor and Professor in Labor Law Adrián Todolí highlights the importance of the sentence, which He has analyzed in his blogfor the precedent that supposes for all the judgment of first instance of the contentious-administrative that he had won and highlighted in these years as examples of the origin of his autonomous model. “The criteria of the National Court is very clear and is what expects for the rest of the cases,” says Todolí.
That is, that all these sentences that annulled the millionaire settlements of quotas that Glovo had to pay is expected to be annulled and the social security criterion is supported. Recently, Delivery Hero, the German multinational owner of Glovo, questioned the continuity of the Spanish delivery company due to the costs that would imply the fines imposed on its labor model, which already reach the 450 million claimed by Social Security.
However, the judgment of the National Court can be appealed before the Supreme Court, something that Glovo has not responded to this medium. To date, and this was expected to delivery Hero in its latest semiannual report of results, Glovo has maintained a constant resources policy in court, which has delayed for years the regularization of its messengers.
Relevance for other causes
Professor Adrián Todolí recalls that these sentences of contentious-administrative, and specifically that of July 2024 of the Central Court number 10, have been used by Glovo for their legal defense in several open judicial cases. Therefore, he adds that his cancellation can also have some consequence in these other processes.
“The Court understands that until the Supreme Court in Judgment of September 25, 2020 resolved on the matter there was reasonable legal doubt what exempts from guilt. This seems to indicate that the non -application of the labor to the labor to the labor can be sanctioned riders From Glovo as of September 25, 2020, ”Value Todolí.
For example, the controversial judgment of Judge Álvaro Lobato who knocked out Just Eat's demand against Glovo for unfair competition was based, specifically, on this sentence to argue the absence of false freelancers in the multinational. This Monday, Just Eat has appeared to this judicial resolution.
On the other hand, there is the criminal procedure against the founder of Glovo, Oscar Pierre, for an alleged crime against workers' rights by persisting in an abuse of false freelancers, who is punishable by up to six years in jail after the last reform of the Criminal Code. In this procedure, his defense also relied on his contentious-administrative victories to justify his labor model.
Glovo sources specify that “this sentence refers to a model that no longer exists in our country, corresponding to the years 2018 and until August 2021, which is when the Rider Law entered into force”, and remember that “since July 1, 2025, all the distributors operating in Glovo in Spain do so with a labor model.” Regarding the judgment of the hearing, they indicate that they have “received 20 sentences in favor and now is against, confirming that the legal debate about the collaboration of the distributors is still open in our country.”
