Uber’s activity in the delivery sector in Catalonia, characterized by the predominance of self-employed delivery workers, has led to direct intervention by the region’s labor authorities. Due to the evidence discovered that these relationships obscured a normal working relationship, the Generalitat’s Ministry of Economy and Labor submitted a formal request to the Public Prosecutor’s Office to open an investigation against the American platform for alleged irregularities, as El Periódico reported.
This initiative is explained by the government’s concern about the use of the number of false self-employed people in the Spanish labor market, a recurring practice in the field of digital delivery platforms. The Generalitat considers that the employment of delivery drivers under self-employed contracts while carrying out functions equivalent to those of employees constitutes a breach of labor and tax regulations and causes damage to social security. El Periódico explained that, depending on the results of the investigation, the National Ministry of Labor is also studying the possibility of requesting the Public Prosecutor’s Office to initiate criminal proceedings in the case.
The contract model under which companies such as Uber operate has been questioned by regional and state authorities who believe that self-employment qualifications can be used to avoid work and tax obligations. The first investigations carried out, according to El Periódico, indicate that Uber would recruit “drivers” under contractual arrangements that prevent them from being recognized as employees, a system that reconsiders the legality of their labor relations and their responsibilities towards social security.
The Generalitat insists that the inadequate definition of the employment relationship with delivery drivers has implications not only for compliance with social security contributions, but also for the guarantee of workers’ rights. According to El Periódico, this concern has led the Catalan government to call for an immediate judicial response. The importance of submitting the complaint to the public prosecutor’s office as quickly as possible and establishing mechanisms that force the platforms to adapt their contractual models was emphasized.
The Generalitat’s proposal includes the possibility of Uber adapting its operations to systems similar to those currently used by Glovo, a company that brings together both third-party subcontracted delivery workers and registered self-employed workers, after facing investigations and sanctions for using false self-employed information. According to the information published by El Periódico, this precedent would create a possible precedent for restructuring the business models of other platforms in the sector.
The regional administration, in coordination with the Ministry of Labor, aims to strengthen the monitoring and prosecution of business practices that violate the current legal framework. El Periódico explains that the decision to refer the case to the Public Prosecutor’s Office, in addition to imposing administrative sanctions, corresponds to the need to define criminal liability and speed up the clarification of the facts.
As surveillance of digital platforms increases, the Generalitat and national authorities emphasize the double dimension of the conflict: not only the possible loss of tax revenue for the state, but also the impact on the working and social conditions of delivery workers. This dual approach guides the coordinated action of the institutions to adapt the operation of these services to the legal framework and to prevent fraudulent contractual figures from depriving workers of protection and reducing social security resources.
El Periódico emphasizes that the investigation requested by the Ministry of Economy and Labor opens a new level in the control of the platform market and opens the door to Uber being forced to significantly change its activities in the region if the irregularities are confirmed. This possibility comes within the broader context of institutional pressure on delivery companies aimed at combating the spread of bogus self-employment and ensuring compliance with legal obligations throughout the sector chain.
On the government side, El Periódico sources indicate that the complaint aims not only to penalize Uber if the existence of irregularities is confirmed, but also to promote the redefinition of the entire ecosystem of digital platforms according to the legal parameters in force. In this way, the authorities intend to create a market in which the employment relationship complies with legal provisions and avoids the use of regulations that could harm both workers and the public administration.
The authorities recall that the problem of bogus self-employment represents a structural problem in the growth of digital delivery platforms in Spain, which has led the Catalan government to examine new regulatory proposals and actively monitor the companies involved. The process launched by the ministry represents, according to El Periódico, one of the most notable recent efforts to redefine the legal boundaries of the digital economy and respond to the challenges posed by new forms of employment.
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