Wednesday 17th November 2021
Election of works council
Gorillas go to the labor court
The Gorillas lightning delivery service has had a dispute about working conditions for months. So the so-called riders want to set up a works council. But the fast-growing startup puts more than just a stone in the way of its employees.
The dispute over the election of a works council at the Berlin startup Gorillas concerns the capital’s labor court today. According to the court, the delivery service demands that the election planned for November 22nd to 27th to be stopped with immediate effect. The company argues, among other things, that the procedure for appointing the electoral board did not go properly. In view of restructuring, the electoral board should also not be responsible for the employees who are called to vote.
An innovation in the organization of the start-up concerns the warehouses, which in future are to be managed using a franchise model. Gorillas expects more “independence, creative freedom and flexibility” for the individual teams. However, breaking up the central structure could also have negative consequences for employees who want to set up a works council. In “Spiegel”, labor lawyer Martin Bechert describes the dismemberment as “union busting” and “systematic isolation of employees”. He no longer believes in a works council election.
The delivery service has had a dispute about working conditions for months. An association of employees, the “Gorillas Workers Collective”, criticizes, among other things, fixed-term contracts, a lack of equipment for drivers and poor duty scheduling. The startup initially hires its bicycle couriers for one year, six months of which are a trial period, and pays an hourly wage of 10.50 euros.
Dozens of cases pending in the labor court
The dispute was triggered by the dismissal of a so-called rider in the summer of this year because he was late for his shift. “Yes, I was 45 minutes late that day,” said Santiago Rojas at the time of the “BZ”. But he also gave notice in good time and apologized. A Gorillas spokesman confirmed to the newspaper in July: “This week, following cases of gross misconduct, the decision was made to terminate an employee’s contract within the probationary period.” Rojas is said to have worked for the company since January. The protesting workforce called for the termination to be withdrawn and for the probationary period to be reorganized. But that never happened.
Gorillas always emphasizes that they take the criticism seriously and that they have already improved many points. According to a spokeswoman, dozens of proceedings are pending at the Berlin Labor Court. On Tuesday evening, a number of people in Berlin-Kreuzberg took part in a “solidarity demonstration” with the workers of gorillas. According to the police, at least 350 people took part in the announced action.