When a courier delivering a takeaway in Buenos Aires was hit by a car, the company’s response was not to check how he was, but to ask: “How is the order?”

Courier Ernesto Floridia, 63, was run over on 27 July while delivering pizza ordered through Glovo, an on-demand courier service. When he texted the company about the accident, the co-ordinator replied: “How is the order. It is in good or bad condition to be delivered?” When he said he couldn’t move, the coordinator messaged: “Ernesto can you send me a picture of the products please?” Journalist Yanina Otero tweeted a photo of the exchange in which Floridia’s phone appears to be smeared with blood.

The tweet went viral, andwas retweeted more than 60,000 times, with social media users outraged at Glovo’s response. A judge has now taken it to a provocative conclusion: he has ordered the suspension of delivery apps after finding that major players Rappi, Glovo, and PedidosYa, failed to comply with the law – which the companies deny.

Yanina Otero (@yayaninaa) Hace un rato socorrí a un repartidor de pizza que lo atropelló un auto. Mientras yo llamaba al Same, el hombre - tirado en el piso y sangrando- avisaba a la app que había tenido un accidente.

Lo único que le importaba a ellos era el estado de la pizza.

Perverso es poco. pic.twitter.com/ccbZj3ZyLS



Glovo said in a statement quoted in the judgement: “The company recognises its error in the handling of this specific case, since the internal action protocols were not followed correctly. The priority of the company is the safety of its couriers.”

On 2 August, Judge Roberto Gallardo ordered the suspension of the apps in the city over concerns that the companies don’t satisfy transport and labour laws. They are banned until they start following the law. His ruling applies to all companies that fail to comply with the law, but specifically mentions major delivery apps Rappi, Glovo, and PedidosYa.

Gallardo, who interrupted the mid-year judicial recess in order to handle the case, later said: “The situation described entails a foreseeable and immediate risk to frustrate the rights to life, physical integrity and work.”

He has ordered credit card companies to block transactions made via the apps. Delivery companies will also be fined ARS10,000 (£149.35) each time police checkpoints catch a courier breaching health and safety requirements.

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But for many migrants, especially those fleeing the crisis in Venezuela, delivery apps have been a financial lifeline. Some say delivery work pays better than other work available, allowing them to send money home or study – but that rates vary between apps and some pay poorly.

Daniel Parucho, 21, arrived from Venezuela nine months ago. Faced with the need to earn, he worked on a delivery app using his uncle’s account while waiting for his immigration papers.

He looked for contracted work, but when he landed a job in a sushi restaurant the monthly wage was just ARS10,000 (£149.35) – paid under the table. The Argentine minimum wage is currently ARS12,500. Now, he is a full-time courier and made ARS18,000 in his first month. “I can cover my expenses, I can pay the rent, I can pay my debts and afford some luxuries I want to treat myself to,” he said. Nonetheless, he said companies need to do more to protect workers against theft and other problems.

In recent months there has been an alarming number of road accidents in Buenos Aires involving couriers, with 13 to 40 incidents per month since February, according to figures quoted in the ruling.

Facebook Twitter Pinterest Venezuelans in Buenos Aires express their support for the leaders of the Venezuelan opposition. For many migrants fleeing the crisis in Venezuela, delivery apps have been a financial lifeline. Photograph: ZUMA Press, Inc./Alamy

ASIMM, the delivery workers’ union which presented the recent case, said apps reward couriers for working faster, creating incentives to cut corners with road safety. It added that people sometimes use the platforms to send drugs, turning couriers into unwitting mules. Some couriers lend out their accounts, making it impossible to tell who’s really delivering the products. One worker who was hit by a bus reported that he was not covered by the insurance Glovo provided.

When asked for a response, Glovo told the Guardian: “In regard to the suspension of delivery applications in the city of Buenos Aires, we cannot comment on the individual allegations that appear in the court order while the issue is ongoing.”

In April, Ramiro Coyola, a 20-year-old Rappi courier and journalism student from Bolivia, was run over by a lorry and killed. Police said he wasn’t working for Rappi at the time, but local news reported that he was wearing Rappi clothing and two witnesses maintain his phone kept beeping with alerts from Rappi while the emergency teams did their work.

Facebook Twitter Pinterest The delivery workers’ union says that apps reward couriers for working faster, potentially creating incentives to cut corners in terms of road safety. Photograph: Agustin Marcarian/Reuters

There have also been concerns over the employment status of couriers. Gallardo has ordered the companies to provide a list of all staff on their books. He referred to a July resolution stating that under Argentina’s transit and transport code, delivery app couriers should be treated as drivers employed by the companies. PedidosYa said the app workers are freelancers, free to choose how many hours they work and to work for other companies.

The three major app companies are defying the suspension and are continuing to operate. PedidosYa said the company has appealed against the ruling and said: “We are continuing to operate normally, since we comply with local regulations.” Glovo said: “[W]e feel that this measure – which will negatively impact more than 20,000 people – fundamentally infringes upon the autonomy of independent couriers, threatening their right to work by arbitrarily seeking to suspend a source of income. We are also deeply concerned about the economic consequences for a large number of local businesses.” Glovo is also planning to appeal against the suspension. Rappi did not respond to requests for comment.

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Many couriers are also working despite the ruling. Some say they see no reason to stop because they are complying with all legal requirements, while others are not using company-branded gear to avoid being stopped by police.

ASIMM recognises that suspending the apps makes life difficult for couriers, said framework officer Gonzalo Ottaviano. He described the measure as “the last remaining alternative” in a drawn-out struggle against precarious working conditions.

Juan Manuel Ottaviano (no relation), a labour lawyer and assessor at the Association of Platform Workers, drew parallels with Uber. The ride hailing app is fighting a legal battle with the City of Buenos Aires about whether the law should treat it as a technology company or a taxi service. Drivers are left in a legal grey area, but keep working because they need the income.

“Instead of discussing working conditions, it’s about the legality or illegality of the workers,” Juan Manuel said. “It generates underground work, means more precarious working conditions.” He said app work is not characteristic of self-employment because it’s most couriers’ sole source of income, they receive direct orders, and can be disciplined.

While many people in the city rely on this work to make a living, the drawbacks of these apps are becoming increasingly apparent. “If the most important thing is how quickly the pizza gets there, more guys are going to die,” said Gonzalo.

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