The European Quality Framework for Traineeships - What Can the EU Learn from Spain?

For many years, traineeships have been used as an excuse for “hiring” cheap labour. This usual problem has been exacerbated by the economic crisis. The regulation approved by the European Council, on a Quality framework for traineeships, has great similarities with the regulation enforced in Spain a long time ago. This regulation has not achieved the expected results in this country, so it will be difficult for it to obtain them in its spreading throughout Europe. Thus, this study compares and analyses the failures of this type of regulation, in order to ensure quality traineeships for young people, and offers solutions to those failures through an alternative regulation, simplified and mor…

La competencia judicial internacional del contrato individual de trabajo. (The International Judicial Competence of the Individual Employment Contract)

Spanish Abstract: La reciente entrada en vigor de un nuevo Reglamento comunitario en materia de competencia judicial internacional demuestra la importancia de la cuestion aqui analizada. En el presente estudio no se pretende solamente conocer la nueva normativa europea sino exponer al completo nuestro sistema de competencia judicial internacional en materia de contrato individual de trabajo Con el objetivo de conocer si los Tribunales espanoles podran declararse competentes o no ante una concreta cuestion. En este sentido, tambien se analiza la normativa internacional –convenio de lugano y con el Salvador- y la normativa interna aplicable a la competencia judicial internacional en materia d…

The End of the Subordinate Worker: Sharing Economy, On-Demand Economy, Crowdsourcing, Uber Economy and Other Ways of Outsourcing

The Digital era has changed industrial relationships dramatically. This has caused a considerable legal uncertainty about which rules apply to cyberspace. Technology is transforming business organizations in a way that makes the employee - as subordinate work - less necessary. A new type of companies "on demand economy" "sharing economy" - dedicated to connecting customers directly with individual service providers are emerging. Thus, these companies develop their core business completely through workers classified as self-employed workers. In this context, employment law is facing its greatest challenge, dealing with a very different reality compared to the one existing when it was created…

The Evaluation of Workers by Customers as a Method of Control and Monitoring in the Firm: Digital Reputation and Data Protection

Evaluation of workers by customers as a method of surveillance and control and the disclosure of results poses a series of challenges for the existing legal system. The degree and extension of monitoring of the work suffered by employees subject to surveillance and control by customers is much intense than the one set for traditional workers. The reason behind this phenomenon lies in the perspective of the customers, which makes work observable at every moment and without cost for the firm. Thus, this paper analyzes the latest regulation on data protection (GDPR) that establishes very specific restrictions when requesting and transferring information about workers.

El Contrato De Trabajo En El S. XXI: La Economma Colaborativa, On-Demand Economy, Crowdsorcing, Uber Economy Y Otras Formas De Descentralizaciin Productiva Que Atomizan El Mercado De Trabajo (Employment Contract at the XXI Century. The Sharing Economy On-Demand Economy, Crowdsourcing, Uber Economy, and Other Kinds of Outsourcing at the Labour Market)

Spanish Abstract: Las nuevas plataformas virtuales estan cambiando la forma en la que se presta servicios. La tecnologia esta trasformando las organizaciones empresariales de forma que el trabajador subordinado es menos necesario. Un nuevo tipo de empresas --"on demand, economy "sharing economy"-- se dedican a conectar al cliente directamente con el prestador de servicios. De esta forma, estas companias desarrollan su principal actividad a traves de trabajadores autonomos. En este contexto, el Derecho del trabajo se enfrenta a su mayor desafio, teniendo que regular una realidad muy diferente a la existente en el momento en el que fue creado. Sin embargo, los trabajadores siguen necesitando …

The evaluation of workers by customers as a method of control and monitoring in firms: Digital reputation and the European Union's General Data Protection Regulation

As a method of surveillance and monitoring, the evaluation of workers by customers and employers and the disclosure of the results pose a series of challenges for the current legal framework of the European Union (EU). Employees subject to such evaluations are exposed to a far more intense and wider degree of monitoring of their work than traditional workers. The phenomenon arises from the adoption of a customer perspective, seeking to make work observable at all times, without any cost to firms. In this light, the author analyses the EU's General Data Protection Regulation, which establishes very specific restrictions when requesting and disclosing information about workers.

Algorithms, Artificial Intelligence and Automated Decisions about Workers and the Risks of Discrimination: The Necessary Collective Governance of Data Protection.

Big data, algorithms and artificial intelligence currently allow entrepreneurs to process information about their employees in a far more efficient manner and at a much lower cost than has been the case until now. This makes it possible to profile workers automatically and even allows technology itself to replace human resources supervisors and managers and to make decisions that have legal effects on the employees (recruitment, promotion, dismissals, etc.). This entails great risks of discrimination by the technology in command, as well as the defencelessness of the worker, who is unaware of the reasons underlying such a decision. This study analyses the guarantees established in the exist…

Complying With the First Law of Robotics: An Analysis of the Occupational Risks Associated With Work Directed by an Algorithm/Artificial Intelligence

It is increasingly common for companies to use artificial intelligence mechanisms, which may be more or less advanced, to manage work, that is, to establish work shifts and production times, design and allocate tasks for workers, recruit workers, evaluate performance and dismiss employees. Companies rely on technology to gather all the information available, process it and make the management decisions (productivity optimisation) that will benefit them the most. This replaces human supervisors and middle managers, as well as experts in human resources, leaving the management of workers in the hands of automated processes directed by algorithms – or in its most advanced stage, to be undertak…

Explaining the rising precariat in Spain

[EN] Spanish GDP indicator figures recover while the risk of poverty has not stopped increasing since 2007 given the continuous austerity policies adopted by Governments, while labour and welfare conditions have worsened. A new phenomenon is emerging: the flattening of the Spanish middle class. This study proposes a model to quantify the number of individuals according to their level of precariousness in Spain. The model allows us to predict the behaviour of society in Spain given the mimetic nature of humans by constructing a discrete finite epidemiological model that classifies and quantifies the population in Spain according to its risk of precariousness. Our results show a rise in the p…

'Uber Economy': Employee, Self-Employed or a Need of a Special Employment Regulation?

The Digital era has changed industrial relationships dramatically. This has caused a considerable legal uncertainty about which rules apply to cyberspace. Technology is transforming business organization in a way that makes employees -- as subordinate work -- less necessary. A new type of companies "on demand economy" "sharing economy" -- dedicated to connecting customers directly with individual service providers are emerging. Thus, these companies develop their core business completely through workers classified as self-employed. In this context, employment law is facing its greatest challenge, dealing with a very different reality compared to the one existing when it was created. This pa…

Judgment designating Deliveroo ‘rider’ an employee and analysis of its impact on the ‘gig economy’

Algorithms, artificial intelligence and automated decisions concerning workers and the risks of discrimination: the necessary collective governance of data protection

Big data, algorithms and artificial intelligence now allow employers to process information on their employees and potential employees in a far more efficient manner and at a much lower cost than in the past. This makes it possible to profile workers automatically and even allows technology itself to replace human resources personnel in making decisions that have legal effects on employees (recruitment, promotion, dismissals, etc.). This entails great risks of worker discrimination and defencelessness, with workers unaware of the reasons underlying any such decision. This article analyses the protections established in the EU General Data Protection Regulation (GDPR) for safeguarding emplo…

The Concept of Worker in European Union Law and Its Application to the New Economic Realities. Is the Reasoned Order of the CJEU in the Case of Food Delivery Riders a Good Solution?

The complex interpretation of the concept of worker for European Union law has been caught up, as it could not be otherwise, with the question of digital platforms and the new way of organising labour. In this work, the CJEU's Reasoned Order will be analysed, where for the first time an approach is made to the subject of the concept of worker applied to digital platforms in the field of Union law.

Workers, the self-employed and TRADEs: Conceptualisation and collective rights in Spain

The subjective scope of application of Labour Law is set by the Statute of Labour. Nevertheless, the interpretation of the Courts is crucial to understand who is a worker in Spain. In this study, the criteria set by the Spanish courts and their evolution are analysed. Recently, the Spanish Supreme Court seems to have abandoned the ‘control test’ criteria for classifying workers and has moved towards a personal conceptualisation of work. This paper shows rulings that prove this evolution. Moreover, Spain has its own Self-employed Workers’ Statute applicable to common self-employed workers and economically dependent self-employees (TRADEs). In this paper I analyse the concept of both types a…

Spanish riders law and the right to be informed about the algorithm

The Spanish Government has introduced a regulation which establishes: i) the presumption of employment in digital delivery platforms, and ii) the right of workers’ representatives to be informed about the parameters, rules and instructions on which the algorithms that may have an impact on working conditions are based. This article describes the new law and analyses the novelty of this regulation and its expected impact. The main conclusion is that with this law the Spanish legislator is seeking to clarify that the new technological options – digital algorithms and platforms – are simply the means of performing an economic activity and therefore people who render services within their scop…

Notes on the Spanish Supreme Court Ruling That Considers Riders to Be Employees

Spain is one of the countries with highest levels of judicialisation of the dispute over the classification of platform working. Dozens of rulings have been issued in recent years. Most have pointed out the labour relation of platform workers in the transport sector, although some have argued that they were truly self-employed. This contradiction in judicial doctrine has allowed / forced the Spanish Supreme Court to rule on the matter. This ruling of 25 September 2020 (rec. 4746/2019) was issued by the plenary session of the Supreme Court on social matters, the decision being adopted unanimously by all the magistrates. The ruling has its origins in the case of a delivery rider who filed an …

Labor Law and Technological Challenges

Technology is changing the way in which workers are controlled. From video cameras to GPS, these technologies allow for constant monitoring of workers’ activities; however, recently two new forms of control have emerged. One consisting in giving customers a controlling role over workers’ performance and another, the “big data” (algorithms and artificial intelligence) which allow employers to process information about their employees in a far more efficient manner and at a much lower cost than has been the case until now. This makes it possible to profile workers automatically and even allows technology itself to replace human resources supervisors and managers and to make decisions that hav…