The Spanish Supreme Court has ruled that using a Fleet Partner intermediary to engage individuals working as delivery drivers for the Just Eat platform is legal. The ruling came in a case where Just Eat (which operates as Pyszne.pl in Poland) appealed a fine imposed by the Spanish labor inspectorate specifically for using the services of a Fleet Partner.
This decision is shocking, given that Spain was one of the few European Union countries to have regulated the rules regarding platform-based employment.
The Court issued this ruling because the platform stated it had never commissioned work from delivery drivers via the Fleet Partner. Instead, the Fleet Partner had simply purchased software licenses from the platform, effectively becoming a platform itself. Consequently, it was not a subcontractor hiring delivery drivers. The fact that the annual software license cost just 100 euros was deemed an insignificant detail by the Supreme Court.
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And furthermore:
THERE IS 1 MONTH AND 19 DAYS LEFT TO IMPLEMENT THE PLATFORM WORK DIRECTIVE.