Restructuring events
European Restructuring Monitor (ERM)
The restructuring events database contains factsheets with data on large-scale restructuring events reported in the principal national media and company websites in each EU Member State. This database was created in 2002.
Following an agreement reached with the 'State Federation of Services, Mobility and Consumption' of the General Union of Workers (FeSMC-UGT) and the 'Federation of Services of Comisiones Obreras' (COO) in the National Court, 'Portier Eats Spain', the delivery division of Uber, has acknowledged the collective dismissal of more than 4000 delivery drivers in August 2021. The company has recognised that the original collective dismissal was not in accordance with Spanish law.
In August 2021, each delivery driver received a notice of disconnection from the platform before the 'Riders law’ was entered into law. This Law, aimed at platforms perceived to be falsely classifying delivery couriers as self-employed, introduced a presumption of employment for those providing such services through digital platforms. FeSMC-UGT and CCOO-Servicios challenged last year before the National Court what they considered the de facto collective dismissal of more than 4000 Uber delivery drivers. The court initially dismissed the challenge but in a ruling in July 2022 the Supreme Court revoked the lower court's decision, deciding that the unions could challenge the dismissal and triggering a retrial. "This is a historic agreement, as for the first time a collective dismissal of delivery workers is recognised in court and guarantees the payment of compensation for each of those affected, in amounts that improve on those established by law", stressed UGT.
Portier Eats Span will pay compensation to each of the affected riders for the amount of 45 days' salary per year of service, with minimum compensation, depending on seniority and the remuneration received in the last year. In this regard, the delivery division of Uber will proceed to send in the next four months to each of the 4404 delivery people affected a message by email, which will communicate the agreement reached and the amount of compensation that corresponds to the dismissal.
Eurofound (2022), Portier Eats Spain, Internal restructuring in Spain, factsheet number 108116, European Restructuring Monitor. Dublin, https://dev.eurofound.europa.eu/restructuring-events/detail/108116.
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