The plaintiff worked for a delivery app and was not registered as a dependent worker, but as an independent contractor. Upon being blocked from the app by the defendant, she filed an innovative precautionary measure of reinstatement grounded on the dismissals prohibition stipulated in Executive Decree No. 329/2020 and its successive extensions.
Judge Paula Verónica Calace Vigo of the First Instance Labor Court of Rosario acting during the court holidays granted the requested measure and ordered the defendant to reinstate the plaintiff within 3 days. Among the reasons, the judge deemed that the plaintiff worked in the time slot and area determined by the defendant, that the defendant assumed activity-related risks, and that the emergency executive regulations are aimed at ensuring job stability. (“De Battista Natalia Belen re. precautionary and preparatory measures” - January 27, 2021)