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maandag 4 oktober 2021

#WORLD #WORLDWIDE #SPAIN #ANARCHISM #CLIMATE #News #Journal #Update - (en) cnt.es: NOTES ON THE RIDER LAW (ca) [machine translation]

 Last month, before the Climate Change Law , we pointed out that it would be a good

law if it had been passed in 1995. We can say something similar about the Rider
Law approved a few days ago, which like all the labor legislation of this
Government is nothing more than a small regulation, magnificently sold as a
breakthrough but that comes late and leaves out very important issues and many
other groups of false self-employed. ---- While they put the spotlight on this
rule, criticized from RidersxDerechos, the labor reforms (yes, in the plural,
that of the PSOE of 2010 and that of the PP of 2012) remain untouched. It cannot
surprise us since the policy of the supposedly communist Minister of Labor is
based on the constant search for an agreement between some unions, without
strength or desire, and the bosses.

Recent history does not allow us to be surprised by the policies of the PSOE
(NATO, ETT, immigration laws, military invasions, torture and a very long
etcetera) but the support and participation of Podemos in a government that
continues without repealing theGag Laws,which continues with the hot returns and
the CIEs and that it abandons the working class only reaffirms us that our place
is not in the seats of parliament and that only from the street, with a strong
movement, can it be pushed so that our exploitation be a little less harsh.

Notes on the Rider Law.

As Cheve, cooperative member of the Cleta bicycle messaging service, explainsin
the programAre we users complicit in the situation of riders?byGen Playz, a rider
is nothing more than a delivery man, but the use of that term implies that we are
facing a very new and modern reality when it is something very old. With these
expressions (apps, digital economy, algorithms, glover, etc.), companies pretend
that current legislation is out of date to regulate relationships that they
consider innovative but that are nothing more than lifelong forms of exploitation
seasoned with neoliberal marketing. And when Glovo co-founder, Sacha Michaud,
talks to us about flexibility, the opportunity to have three jobs at the same
time... he is following in the fashionable wake of the romanticization of poverty
through coliving, coworking, emotional salaries and other terms. that try to hide
the precariousness of always.

History repeats itself.

And as old is the exploitation, old is the tradition of struggle of the
messengers in defense of their labor rights. As it never hurts to remember the
past, we rescued from oblivion the Coordinadora de Mensajeros created in 1985,
which is linked to the autonomous movement (the one we like, away from union
parties and bureaucracies and from which we can learn in the book Arming Over
Ruins ,history of the autonomous movement in Madrid 1985-1999) starred in several
days of strike against the agreement reached between the management of the
messaging and UGT in 1987. It is also curious how the conflict ended: the courts
gave the reason to the messengers but several of the members of the Coordinator,
to try to build real alternatives to wage labor, they decided to form a
cooperative. Does it sound familiar to you? (From here a greeting to the
companions ofCleta ,La PájaraandMensakas , cooperatives that emerged in recent
years from people who came from the large platforms)

The claims from then, remember, 36 years ago, could well have been used in any
current statement: " The messenger coordinator demands the recognition of a
company-worker labor relationship and, consequently, the application of the
Workers' Statute. "Here it is not possible to register as self-employed," said
Escruela, "which is what companies want, despite the fact that the Social
Security Treasury has denied the possibility of such registration" ", as stated
in anarticle fromEl País, December 1985. The forms of organization and the
consequences of these demands will sound familiar to anyone who has followed the
mobilizations of the fighting riders of our time: "Since the beginning of that
same year, the messengers that met at the company met every morning, which were
not many, given their dispersion. "We began to consider a platform to defend
ourselves against these working conditions." The first strikes were born from the
platform and, shortly after, the first layoffs. The messengers made contact with
the CNT, UGT and CC OO unions. "We made a unitary coordinator and every week we
met in an assembly." There are currently five cooperatives of young messengers.
"This is a defense weapon," Escruela says. "When we protested, they kick us out
and we were in the newspapers; then they never give us work again and we form
cooperatives, which are almost all made up of laid off workers. In addition, now,
at the same time as the contract, they force us to sign a blank
settlement,"Theyhad in the same newspapera month later.

An insufficient law

As we said, this type of work is not very new, so the legislation that regulates
it is not particularly new or far-fetched: the Workers' Statute, which in its
first article, since 1980, establishes that "it shall apply to workers who
voluntarily provide their paid services on behalf of another person and within
the organization and management of another person, physical or legal, called
employer or entrepreneur ".

Therefore, the newRider law(or, legally and pompously called theLaw to guarantee
the labor rights of people dedicated to distribution in the field of digital
platforms ), which consists of two paragraphs, only confirms what the courts had
come to pointing out: the relationship between rider and platforms is labor. This
has been denounced fromRidersXDerechosthat affirms that "The one who has managed
to get us to be recognized as workers has not been the Government but all of us
who have risked our skins in strikes, demonstrations and more than 44 court
victories ."

In addition, and as they show from this association, the norm will allow
companies to subcontract their workforce to other companies (as Cabify and Uber
do with Temporary Employment Companies), it will leave hundreds of distributors
out of the protection that have an irregular administrative situation and does
not sanction companies with years of illegal activity.

Likewise, and like the rest of the Government's labor measures (remember the much
publicized andfalse prohibition of firing after ERTEor thedismissal of sick
workers ), it responds to a specific situation of media impact but leaves out a
problem ofsubcontracting(VTC drivers,kellys , etc.) and false freelancers
(journalists, delivery men, cleaners, health workers , computer scientists ...)
of which the riders are only the tip of the iceberg.

For this reason, and as they affirm fromRidersxDerechos: " This law is not the
end, far from it, it is a simple point and followed in our fight. These companies
have come to take on absolutely everything and we know that, just as they have
broken the law for more than 5 years, they will continue to try to do so with
this legislation. That is why we will continue to fight together with many other
sectors of the working class so that our rights are respected and that we stop
systematically violating fundamental rights "

Published in Everything To Do (July 2021)

https://comarcalsur.cnt.es/apuntes-sobre-la-ley-rider/
_________________________________________
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