Government of Spain guarantees the labour rights of delivery drivers through digital platforms

Moncloa Palace, Madrid

The Council of Ministers has approved a royal decree guaranteeing the labour rights of people engaged in deliveries via digital platforms following the agreement reached on 10 March between the Ministry for Work and Social Economy and trade unions and employers' associations.

The Third Vice-President and Minister for Work and Social Economy, Yolanda Díaz, explained that the rule amends the Workers' Statute and determines that those who deliver or distribute of any type of product or merchandise via digital platforms are workers. "They have rights of organisation, unionisation, social protection, contributions and wages," she said.

Foto: Pool Moncloa/Borja Puig de la BellacasaIn addition, the document states that the company will have to inform workers' representatives in the digitalised working environment of the rules on which algorithms or artificial intelligence systems are based that affect decision-making that may have an impact on working conditions, access to and maintenance of employment.

In this regard, Yolanda Díaz announced the creation of a group of experts to study the use of artificial intelligence and algorithms in labour relations to avoid bias. "Workers have the right to know the reasons behind certain business decisions," she said.

The Vice-President reiterated that, with this regulation, the Executive accepts technological changes without fear, protecting the rights of the most vulnerable and assuming the governance of technological transition. Spain, she argued, is at the forefront of international legislation in this area: "There is no other country in the world that has dared legislate on this issue."

Díaz thanked the social partners for their courage and collaboration in reaching an agreement on such a complex issue. She also highlighted the work of the Labour Inspectorate, which has enabled 16,794 people to "get back to work", with an economic impact, in terms of social revenue, of 29 million euros.

Spanish Economy Internationalisation Plan 2021-2022

Foto: Pool Moncloa/Borja Puig de la BellacasaThe Government has approved the Spanish Economy Internationalisation Plan 2020-2021, which lays the groundwork for economic recovery and is aligned with the Recovery, Transformation and Resilience Plan.

The Minister for Industry, Trade and Tourism, Reyes Maroto, stated that it is an ambitious plan because it will enable the mobilisation of more than 4.6 billion euros in public resources; it is a modern plan because it is adapted to the context of the pandemic that has had negative effects on trade and investment flows, and it is a plan that is the result of consensus and public-private collaboration, which are the two pillars on which the government wants to build the recovery that Spain needs.

Maroto stressed that the main objective of the plan is for the foreign sector to become a pillar of growth and employment. Spanish companies, she recalled, have improved their positioning in international markets in the last decade and Spain has become one of the most attractive countries for foreign investment. However, she said, there are still challenges to be met with new tools to promote the export base of SMEs.

The minister detailed that the plan contemplates the diversification of exports, seeking to open up new markets. It plans to consolidate the permanent presence of Spanish companies abroad and increase the resilience of the foreign sector by strengthening financial instruments to support internationalisation - with particular attention on small and medium-sized companies. It also promotes digital transition and sustainability among internationalised companies and strengthens the development of talent for internationalisation.

In this context, Reyes Maroto announced that the Government is going to launch the Vives Programme (ICEX), which will facilitate the hiring of young professionals for work experience in Spanish companies with subsidiaries abroad. She has also launched the "Women and internationalisation" platform to create a support network to encourage the international vocation of women. Another of the plan's priorities is to boost Spain's attractiveness as a destination for foreign investment, through the INNOVAInvest (ICEX) aid programme.

Aid to energy intensive consumers

The Executive has authorised the call for subsidies, for a maximum amount of 91 million euros, to compensate the financing of support to produce electricity from renewable energy, high efficiency co-generation sources and the extra cost in the non-peninsular territories included in the tariffs and charges of the electricity system borne by these consumers in 2020.

Reyes Maroto indicated that this mechanism deploys the instruments included in the Electro-intensive Consumer Statute and reinforces the Government's commitment to tackle the energy transition of the energy intensive industry with guarantees.

Greater protection for people with disabilities

Foto: Pool Moncloa/Borja Puig de la BellacasaThe Council of Ministers has promoted the reform of Article 49 of the Constitution, concerning the protection and promotion of the rights of people with disabilities.

The Minister for the Treasury and Government Spokesperson, María Jesús Montero, pointed out that the reform represents a step forward in the configuration of the social state proclaimed in the Constitution and is the result of "calm, open and rigorous reflection", which involved members of the parliamentary political forces and representatives of civil society linked to people with disabilities.

The new text emphasises the rights and duties of people with disabilities as free and equal citizens. It also sets out the objectives that should guide the positive actions of public authorities, such as their full personal autonomy and social inclusion, policies that should always respect the freedom of choice and preferences of these people.

The text also establishes special protection for citizens in this group, expressly refers to the specific care of needs and children and mentions international treaties ratified by Spain in this area.

María Jesús Montero added that this reform modernises and improves the Magna Carta, adapting it to Spain's position.

Support for business solvency

The Government has approved the Code of Good Practices through which financial institutions that have channelled public guarantees and wish to facilitate the renegotiation of the debt contracted by companies or self-employed people may sign up on a voluntary basis.

María Jesús Montero explained that the code will be the benchmark framework for implementing - in collaboration with these institutions - the financial restructuring actions approved in the Royal Decree-law on extraordinary measures to support business solvency in response to the pandemic.

She said that the government is creating a suitable framework with this new line to preserve and support the productive fabric and contribute to the economic recovery after the crisis unleashed by Covid-19.

Some of the measures included in the code establish that companies and self-employed people will be able to benefit from the loan repayment period extension; the public guarantee will be maintained for loans that - by voluntary agreement between the entity and the company - are converted into equity loans and 3 billion euros will be allocated to loan restructuring processes that are guaranteed or reguaranteed by the Spanish State, thus allowing the nominal amount of the debt to be reduced. Companies and self-employed people will have to meet a number of requirements, including a drop in turnover.

International Day against Homophobia, Transphobia and Biphobia

The Council of Ministers has approved an institutional declaration on International Day against Homophobia, Transphobia and Biphobia, which is celebrated on 17 May.

The spokeswoman stressed that the Government is demonstrating its firm commitment to defending the rights of LGBTI people, both nationally and internationally. Furthermore, it undertakes to continue to take the necessary measures to eradicate discrimination, attacks and acts of violence against this group.

Reception of immigrants in the Canary Islands

The Executive has authorised 51 million euros being allocated to contract Tragsa to provide services in reception facilities for immigrants in the Canary Islands. The term will run from 13 July 2021 to 12 July 2022.

The aim is to provide appropriate humanitarian care - in conditions of dignity and safety - to vulnerable migrants arriving in the archipelago.

María Jesús Montero stressed that these services include food, security, cleaning and maintenance in the reception centres for the care of up to 7,000 migrants.

Agricultural measures

The Government has agreed to allocate 49.2 million euros to nine agricultural action lines.

The Executive's spokeswoman put forwards that this is a proposal for territorial distribution among the regional governments that will be taken to the Sectoral Conference on Agriculture and Rural Development for ratification. The budget will finance very specific objectives in agriculture and animal husbandry, such as the promotion of beekeeping, milk yield control and the control of animal diseases and pests, among others.

Current affairs

During her speech at the press conference following the Council of Ministers, María Jesús Montero stressed that, following the end of the state of emergency, the regional governments have the tools provided by ordinary legislation to continue controlling the pandemic and only require judicial measures if fundamental rights are affected.

The Government, she added, has provided the regions with "an arsenal of vaccines" so that the rate of vaccination allows the target set by the President of the Government to be met: that around 70% of the population will be vaccinated by August and, therefore, herd immunity will have been achieved.

Montero reported that almost 30% of the population has received one vaccine dose and 6.2 million people have completed the course. Furthermore, she reiterated that the conclusion of the state of emergency does not mean that the pandemic is over and appealed to the population to act responsibly and to take extreme precautions until the vaccination target is met.

On the other hand, the spokeswoman congratulated the Royal Theatre, which has just been awarded the prize for the best opera house in the world, in the context of health crisis.

Non official translation