A brief note on the Spanish law on the labour rights of riders

Abstract

After reconstructing the vicissitudes that preceded the adoption of the regulation amending the Workers' Statute, in the comment, the author analyses the innovations to the statute produced by the 2021 law; specifically, the author points out that there are two fundamental innovations: the extension of the information rights of unitary representatives and the presumption of employment of persons working in this sector. These changes are not free from possible conflicts, for example with regard to the rules on working time, remuneration and the system of occupational risk prevention, or the implementation of collective representation rights, but they nevertheless make the rule pioneering insofar as it has a general scope, valid for any company that uses these artificial intelligence tools to determine the organisation of work and set working or employment conditions.

Keywords

• food delivery
• workers' statute
• subordination
• right to information