Delivery and platform work, employee or self-employed?

Key rules

• Delivery riders: If a platform controls your delivery work through an algorithm, you are presumed to be an employee.
• Other platforms: The rider law does not cover non-delivery platforms, so the general employee test applies to you for now.
• Fleet companies: If you work through a fleet company, confirm who your employer is.
• EU rules: New EU platform work rules must become Spanish law by 2 December 2026.

Delivery riders are presumed to be employees

If you deliver food or other goods through a digital platform, Spanish law presumes you are an employee. This holds when the platform organises, directs and controls your work through an algorithm. The platform does not get to pick the label. If it wants to treat you as self-employed, it has to overcome that presumption.

This rule has been in force since 12 August 2021. Platforms had until 12 November 2021 to bring their riders into line.

What the rider law gives you

Besides the presumption, the law gives your workers' legal representatives, if you have any, the right to be told how algorithms and AI systems affect your work. That covers working conditions, getting and keeping work, and profiling.

The rider law covers delivery only. Ride-hailing and other platforms are not covered by it.

How platforms apply it in practice

Application differs by platform, and it keeps changing.

• Glovo moved to an employment model and announced in 2025 that it would hire all its riders as employees. This followed large back-payment assessments for Social Security and a criminal investigation into its executives.
• Just Eat employs its riders under a collective agreement.
• Uber Eats moved to using fleet companies and employed riders. The labour inspectorate has pursued fleet and subcontracting arrangements.

Fines have been imposed for each rider found wrongly classified, and for unpaid Social Security. Courts have generally applied the presumption in favour of employee status. Cases on fines and contributions are still being decided. Check the current position of your platform with the Ministry of Labour.

If you work through a fleet company, find out who your employer is. It may be the fleet company, not the platform.

If you work on a non-delivery platform

The rider presumption does not apply to you. For now, the general test for employee status applies: whether you work under someone else's direction and for their account, or truly run your own business.

New EU rules on platform work will change this. They set a presumption of employment where a platform controls aspects of the work. They also require transparency and human oversight of automated decisions. Spain has until 2 December 2026 to turn them into law, and the Ministry of Labour leads that process. Ask the Ministry of Labour whether the new rules already apply to your platform.

What to do

Use the decision, checklist and timeline below to place yourself. The first step is to ask your platform in writing which contract you work under.

Choosing between options

Are you an employee or self-employed on a platform?

• Rider working through a fleet company: A fleet company or subcontractor sits between you and the platform. The presumption still matters, and inspectors have pursued these set-ups, so check who your real employer is.

• Worker on a non-delivery platform: You work on any other platform. The rider law does not apply, so the general employee test applies until new EU rules are turned into Spanish law.

If you deliver goods through a platform that controls your work by algorithm, you are presumed an employee. For any other platform work, the general employee test decides.

Timeline and deadlines

• The rider law takes effect for delivery platforms: From 12 August 2021

• Delivery platforms must bring their riders into line with the law: Within three months of the law taking effect Deadline: 12 November 2021.

• Spain must turn the EU platform work rules into law for other platforms: By the EU transposition deadline Deadline: 2 December 2026.

Checklist

• Check whether your work is delivering goods through a digital platform that organises and controls it with an algorithm.

• Ask the platform in writing whether you work as an employee or as self-employed, and under which contract.

• Confirm who your employer is if you work through a fleet company or subcontractor.

• Ask your workers' legal representatives, if you have any, for information on the algorithms that affect your work.

• Check with the Ministry of Labour whether new rules now apply if you work on a non-delivery platform.

Platform models and rulings change often; check current news and the Ministry of Labour.

Frequently asked questions

Does the rider law cover ride-hailing or other non-delivery platforms?

No, the rider law covers only people who deliver goods through digital platforms. Other platform workers are judged by the general employee test in the Workers' Statute.

Can I find out how a platform's algorithm affects my work?

Yes, but the right belongs to your workers' legal representatives, not to each rider alone. They must be told about the algorithms and AI systems that affect working conditions, access to and keeping a job, and profiling. Ask them to request that information.

Are the big delivery platforms now hiring riders as employees?

Mostly yes, though the models differ. Glovo announced in 2025 that it would hire all its riders as employees, and Just Eat employs its riders under a collective agreement. Uber Eats works through fleet companies, which inspectors have examined, so check who your employer is.

What happens if a platform treated me as self-employed and was wrong?

Courts have generally applied the presumption in favour of employee status. Platforms have been fined for each misclassified rider and for unpaid Social Security contributions. Ask your platform or a labour lawyer to review your case.