Resúmenes (estudios)
| Páginas | 221-222 |
221
THE “RIDER LAW” OR THE ART OF COMING BACK. Francisco Trillo Párraga
Abstract: The Royal Decree-Law 9/2021 has planned the introduction of two
important legal tools to face not only the conflict of the description of the legal
nature of the working relationship of those people who provide their services in
digital working platforms but also that of the possible discriminatory business
behaviors as a consequence of taking business decisions related to the deter-
mination of working and employment conditions through algorithm and/or
systems of Artificial Intelligence. To face the first of these conflicts, the rule has
planned a presumption of working pattern which, as a result of its updating to
the parameters of functioning of the business models based on digital platforms,
strengthen and simplify the legal task to elucidate the working nature of the
work which takes place in the working digital platform. Related to the second
conflict, the rule has predicted the creation of the letter d) of the art. 64.4 of the
Workers’ Statute in order to promote the participation of the workers representa-
tion through the right to get information on the business decisions which affect
the fixing of the working and employment conditions.
Keywords: Riders, presumption of working patterns, rights of information, digi-
tal platforms of delivery.
LEGISLATIVE CHANGES IN WORKING SUBCONTRACTING. WHY ARE THEY A NEC-
ESSARY BUT NOT SUFFICIENT CONDITION AND WHERE SHOULD WE GO BY IN THE
REFORM? Amparo Esteve-Segarra
Abstract: The article is based on three important judgments of the Supreme Court
of 2020 in relation to the employment conditions of employees of contractor and
subcontractor companies. However, in order to avoid that outsourcing does not
amount to precarizing working conditions, a reform of labour recruitment and
outsourcing is pending, in which lines are proposed for possible regulation.
Keywords: Subcontracting, employment contract, temporary contract, collec-
tive agreement, outsourcing companies, legislative reform.
SOCIAL SECURITY AND EQUITY. Carlos Ochando Claramunt
Abstract: In this paper, some of the criteria of justice and / or equity that inevi-
tably intervene in the design of public social protection programs are reviewed.
Any reform of Social Security is a distributive problem and, this problem leads
ABSTRACTS
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