Pablo Novillo
07/16/2020 - 9:01
- Clarín.com
- Cities
The Buenosairean Legislature will treat this Thursday a law to regulate the activity of the delivery apps , one of the items that has been growing the most in recent years, especially with the coronavirus pandemic.
The project was presented by Cristina García de Aurteneche (Vamos Juntos) and Marcelo Guouman (UCR / Evolución), and was later accompanied by other official legislators. Because of this majority support, it is very likely to become law .
What does the standard say? First of all, a record would be created in which all the delivery companies and also the distributors should be recorded. The qualification would last one year for the apps and two for the workers.
In order to be included in that official list, both must present the proof that they are registered to pay both the national AFIP and the Buenos Aires AGIP, be it Monotributo, Gross Income or the corresponding taxes .
In addition, companies must ensure that delivery drivers have a helmet, reflective vests and other road safety elements . It is that, in reality, what will be voted is an amendment to the Buenos Aires Traffic and Transport Code, to include these actors (the apps and the delivery people) as new members of mobility in the City, with their rights and obligations. As it is a fairly new activity, there is still a certain legal gap regarding the activity of companies such as Rappi, Glovo, Orders Now and others.
In fact, the project has some resistance from the dealers , who consider that these new obligations will mean more expenses for them. Furthermore, they demand a legal framework that recognizes them as employees and not "collaborators" of the applications, an argument that was taken by the opposition.
The project creates a registry so that the delivery companies and the distributors are listed. Photo: Lucía Merle
Beyond this, there is an interesting point in the law. The rule will prohibit companies from including incentives for delivery people to do their homework faster . That, which is aimed at making deliveries faster and customers giving a better service score, can cause delivery people to drive recklessly , as they understand in the Legislature.
The other issue is that those dealers who work with a motorcycle must register the vehicle and prove its ownership. Although it sounds strange, the used motorcycle market is quite informal and there are many motorcyclists who do not have their papers in order , because the transfer procedures never take place.
"This law is in line with reality, because the activity was already growing steadily and with the pandemic it grew even more. It is a first big step in regulating this activity because it gives the service a legal framework with new guidelines, rights and obligations, prohibitions and sanctions so that the actors involved continue to operate under essential security and regularity conditions, "explained legislator García de Aurteneche, who chairs the Traffic and Transport Commission.
The bill also prevents companies from putting incentives for delivery men to do their homework faster. Photo: Andrés D'Elía
For his part, the legislator Sergio Abrevaya (GEN) presented his own bill to prevent the formation of monopolies. Among other things, it proposes that no company that provides or operates a digital messaging service and / or home delivery of food substances can be the owner of another company that carries out the same activity.
In April of last year, Buenos Aires judge Roberto Gallardo banned the activity of delivery apps , with the central argument that road safety regulations were not being met. The ruling was appealed by the City, which also challenged Gallardo, a magistrate who several times made controversial decisions against the Buenos Aires Executive. In fact, the apps never interrupted their service.