Uber Eats rider delivering food on a Spanish street Credit : O.Kemppainen, Shutterstock
Spain is demanding €110 million from Uber Eats after labour inspectors ruled that around 60,000 delivery riders were wrongly treated as self-employed instead of employees. The claim covers unpaid Social Security contributions between 2022 and 2026, and more penalties could still follow.
For many people working in Spain – including foreign residents relying on delivery apps – this case brings into focus a question that often gets overlooked: are you really self-employed, or should you be classed as an employee?
Why the government is asking for €110 million
The case comes after an investigation by Spain’s Labour Inspectorate, which began last summer. After reviewing how riders worked, inspectors concluded that many of them were operating under conditions closer to employment than freelance work.
That distinction matters in Spain.
If you’re self-employed (autónomo), you’re responsible for your own Social Security payments, taxes and protections. If you’re an employee, those responsibilities shift – and you gain rights like paid leave, sick pay and clearer legal protection.
According to the inspectors, many Uber Eats riders were labelled as self-employed while working in a way that suggested otherwise. That’s why the government is now claiming €110 million in unpaid Social Security contributions.
On top of that, an additional fine is expected, although the exact amount hasn’t been confirmed yet.
What’s already happening to riders
This isn’t just a legal dispute on paper – it’s already affecting workers.
Thousands of riders have reportedly received messages from Spain’s Social Security system informing them that they have been registered as employees for the periods when they were working as freelancers.
In practical terms, that means their employment status is being corrected retroactively.
For some, that could have implications for contributions, benefits or future pension rights.
What Uber Eats says – and what has changed
Uber Eats says it is cooperating with the process and insists it is committed to complying with Spanish law. The company has also been adjusting how it operates in Spain.
Earlier this year, Uber Eats announced it would stop working with self-employed riders altogether. Instead, deliveries would continue through subcontracted companies, where riders are hired as employees.
So while the legal case looks at the past, the business model is already shifting.
This brings Uber Eats more in line with what has been happening across the sector.
Glovo, for example, moved towards an employment-based model after facing legal pressure, while Just Eat has long used directly employed riders.
What this means for people working in Spain
For many foreigners living in Spain, delivery platforms are often one of the first ways to find work in Spain. It’s relatively accessible, flexible, and doesn’t always require perfect Spanish.
But this case shows that the setup isn’t always as straightforward as it seems.
Being registered as autónomo can come with costs and responsibilities that aren’t always clear at the start:
- monthly Social Security payments
- handling your own taxes
- fewer employment protections
If the job functions more like standard employment – fixed conditions, limited independence – then the classification can be questioned.
That’s exactly what has happened here.
For foreign workers, especially those new to Spain, it’s a reminder to look closely at how a job is structured – not just what it’s called.
A longer shift already underway in Spain
Spain introduced the so-called “Rider Law” a few years ago to address this exact issue. The idea was to ensure that delivery riders working through platforms are treated as employees where appropriate.
But putting that into practice has taken time, and not all companies adapted in the same way.
This latest move suggests that authorities are still reviewing how the rules are applied – and are willing to act when they believe companies haven’t followed them properly.
What happens next
The €110 million claim is significant, but it may not be the final figure. Additional penalties are still being considered, and the case could take time to fully resolve.
In the meantime, the impact is already being felt – both by the company and by thousands of workers whose status is being reassessed.
For anyone working – or thinking of working – in the gig economy in Spain, the message is becoming clearer: how your job is classified matters, and it can change.
And sometimes, that change comes years after the work has already been done.