Conforming elements of the labor relationship at work on digital platforms. The struggle for labor law from the national and european perspective

Abstract

The emergence of new technologies in the workplace has meant a fundamental change in the provision of services for others. On the one hand, we can see how the obsolescence of the Fordist and Taylorist model is coming to make way for new, much more diluted forms of corporate control, and on the other, companies, using these new technologies, have wanted to flee from the protective Labor Law as a regulatory framework for their relations with their workers towards more flexible and economical commercial formulas. This supposes, as it cannot be otherwise, a decrease in social rights. For this reason, courts and legislators have begun a struggle to maintain these forms of service provision under the umbrella of Social Law, reforming and stretching for them the classic institutions of that order, such as the employment contract or the concept of self-employed worker. alien In this article we will analyze this evolution, emphasizing the shift from judicial interpretation to its reception by the legislator in the new regulations for platform work in Spain and in the European Union.