De la Sentencia del TS de 25 de septiembre de 2020 al RDL 9/2021. La relación laboral de los repartidores de las empresas de reparto
This article has sought to highlight the importance of the recent legislation regulating the employment relationship of those who provide services for delivery companies, underlining the presumption of reinforced employment that can be drawn from the pooling of the new legal framework with that a...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8088951 |
| Source: | Temas laborales: Revista andaluza de trabajo y bienestar social, ISSN 0213-0750, Nº 158, 2021, pags. 11-43 |
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| Summary: |
This article has sought to highlight the importance of the recent legislation regulating the
employment relationship of those who provide services for delivery companies, underlining
the presumption of reinforced employment that can be drawn from the pooling of the new legal
framework with that already existing in art. 8.1 of the Workers’ Statute Law and also in relation
to art. 1.1. The starting point has been the analysis of the transcendental ruling of the Supreme
Court of 25 September 2020, following the history of the negotiation of the social agreement
which, after several months of discussions, has become RDL 9/2021. The importance of the
ownership of the computer application with which the service is provided becomes an essential
element in the new regulation to reinforce, if possible, the presumption of employment, which
is framed in a vision of employment relationships in which organisational flexibility is in no
way incompatible, quite the contrary, with the existence of a salaried employment relationship |
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