THE Supreme Court in Spain has ruled that pizza delivery riders are not required to use their own mobile phones so they can be tracked.
This confirms a ruling of the National Court which established that pizza delivery people working for Telepizza are not obliged to use their own mobile phone with a geolocation app installed while they are working as it is a breach of their rights.
The company’s Tracker project forced delivery staff to provide a personal mobile phone with an internet connection to facilitate their geolocation while delivering.
An appeal was filed against the National Court ruling which the Supreme Court declared null because the business project violated the privacy rights of workers, as claimed in the collective dispute filed by the unions CC OO and UGT.
The pizza delivery company had argued that the system would simply allow clients to know the location of their order in real time. But they had also said that if the geolocation system was not working, staff would be given a deadline to repair it or they would lose their job.
The court also ruled that the compensation the company planned to offer to staff for providing the mobile phone and the internet connection was insufficient.
They also state that the system itself, of tracking staff, is suitable, and could be implemented in other ways, but not by forcing them to use their personal phones and data connection.
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