The sharing economy: the emerging debate in Spain

Borja Suárez Corujo

doi:10.20318/sllerj.2017.3923

Abstract

Abstract: Focusing attention on work-on-demand via apps, this article deals with the consequences of the slow emergence of the so-called sharing economy in Spain. As far as the labour field is concerned, it examines the advantages and risks that this new type of service provision (work?) entails and how Spanish law treats it as a previous step to reflect on the ability of the (labour) current regulation to secure ‘collaborators’ decent working conditions. By extension, it also analyzes the impact that thesedeveloping activities could have on the Social Security system, in terms of protection (or lack of it) and financial condition.Keywords: sharing economy, employee, employmen contract, social security.

Highlights

Focusing attention on work-on-demand via apps, this article deals with the consequences of the slow emergence of the so-called sharing economy in Spain
Whether we are or not living what has been called the fourth industrial revolution[1], the economy is going through a process of great technology-driven transformation which is changing the nature of employment in very different ways
Throughout this article we have examined the most relevant legal issues regarding the ongoing development of the imprecisely named ‘sharing economy’ in Spain

Summary

Introduction

Whether we are or not living what has been called the fourth industrial revolution[1], the economy is going through a process of great technology-driven transformation which is changing the nature of employment in very different ways. In-depth considerations are to be made throughout the paper At this point my attention is drawn to the evidence that this ‘platform work’ certainly has similarities with other forms of nonstandard employment. Is it a specific (autonomous) category or is it nonstandard employment itself? Focusing on the conditions in which such tasks/services are carried out, serious doubts rise regarding risks of precariousness, casualization and commodification of work, and the emergence of ‘invisible’ workers. Such circumstances become real obstacles to guaranteeing decent work. This deep transformation threatens the current design of those Social Security systems, such as the Spanish one, where benefits are primarily based on the previous contributions made by workers

Shaping the concept of ‘sharing economy’

The debate on ‘sharing economy’: Why is it emerging so slowly in Spain?

Employment relationship

Social security

Findings

Concluding remarks