The long march towards formal employment: The case of riders and the Spanish Law 12/2021

Abstract

The adaptation of the normative prototype of the employment relationship to the productive and organizational transformations generated by digitalization in the world of work has had its field of experimentation regarding the legal qualification of ‘riders’ working for digital delivery platforms. The article describes the process that has been followed in Spain through judicial decisions, a tripartite social agreement and finally a legal norm that recognizes the employment status of these personnel with the corresponding individual and collective rights and also establishes a right of information for workers’ representatives on the algorithms that affect access to their employment and working conditions. Finally, we report on the proposal for a European directive incorporating these same objectives in the draft regulation of work provided on digital platforms.