Ruling on March 19, 2019
Authority: National Labor Court of First Instance
Parties: Rojas Luis Roger Miguel and others / Rappi ARG SAS S
Subject: Freedom of association for platform workers.
Summary of facts: Rappi’s is a digital platform and it processes meal delivery orders. The orders are sent to available drivers through the platform. The labourers claim that the degree of power, control and organization that lies that Rappi’s has, is greater than the Labour contracts Act affords employers. The labourers have established a trade union and named it Platform Staff Association. After petitioning multiple complaints regarding the working conditions and alleging they should be classified as employees, Rappi’s has blocked access to the platform. The Platform Staff Association claims this denial of access is unlawful and is a de facto dismissal.
Legal question: Is the denial of access to the app imposed on the labourers who unionised unlawfull?
Considerations: The judge finds that the denial of access for the labourers is a violation of the right to freedom of association. The judge does not render a discission in regards to the classification of the labourers as employees.
Ruling: The judge finds that the denial of access for the labourers is a violation of the right to freedom of association. The platform company is ordered to provide access to the app once more.