Labor rights for delivery platform riders in Spain

Automatic summary, not yet reviewed

1. The works council will have the right to be informed by the company about the parameters, rules and instructions behind algorithms or artificial intelligence systems that affect decisions on working conditions, access to and keeping of employment, including profiling.
2. A new additional provision is added to the Workers' Statute presuming that the activity of people delivering or distributing any products or goods is employment when the company organizes, directs and controls the service through algorithmic management via a digital platform.
3. This presumption does not affect what is set out in Article 1.3 of the Workers' Statute, that is, it does not change the rules on who can be considered self-employed.
4. The rule is issued under the State's exclusive authority over labor legislation, under Article 149.1.7.ª of the Spanish Constitution.
5. The rule takes effect three months after its publication in the Official State Gazette, to allow time to learn about it and adapt to it.

Who it affects

• People doing delivery work through digital platforms: Their relationship with the platform is presumed to be employment, with the rights that come with it.
• Delivery companies using digital platforms: They must adapt to the new framework and may be treated as employers under labor law.
• Works councils and worker representatives: They have the right to be informed about algorithms affecting working conditions.
• Companies using algorithms or artificial intelligence to manage staff: They must provide information on those systems to worker representatives.

Words worth knowing

Gestión algorítmica (algorithmic management)

Using computer programs (algorithms) to organize, direct and control work, for example assigning orders or rating performance.

Presunción de laboralidad (presumption of employment)

It is assumed, unless proven otherwise, that the relationship between the person and the company is one of paid employment.

Real decreto-ley (royal decree-law)

A rule with the force of law that the Government can pass urgently in situations of extraordinary and urgent need.

Texto refundido (consolidated text)

A single, organized version of a law that gathers all its amendments in one text.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries