The concept of subordination or dependence is, until now, used as the key tool to determine the subject protected by Labor Law. From the beginning of the discipline, its contours were adjusted to the profile of the employee who, due to his disability, mainly of the economic type, required some kind of heteronomous protection. However, it happens that forms of work do not develop or evolve in terms of the legal categories already created, but rather address other factors of varying order, such as sociology, economics, and especially technology. It is not in vain that we speak of periods of Fordism or Toyotism to refer to different models of work and, not in vain too, the very origin of Social Law is closely linked with the Industrial Revolution. Today we are witnessing a new phenomenon, that of the digital economy or gig economy, sustained in a technological development with a vertiginous rhythm that has given a turn to life in general and, in particular, to the way in which the work is organized and executed. The most symbolic case of these new models is that of Uber. In this context, Labor Law is once again in the need to evaluate the formulas used to determine the scope of its protective field, which is precisely the purpose of this article. Specifically, the objective is to analyze some of the tools that laborism is worth, using as reference the concept of subordination, which is the most traditional. This study intends to give an account of the legislative, doctrinal and jurisprudential reception of these formulas, faced with situations such as those posed by this new productive model, without losing sight of the situation of the national order.
Keywords:
Uber economy; Labor Law; legal subordination
Author Biography
Boris Muñoz García, Universidad Nacional Andrés Bello
Abogado y Licenciado en Ciencias Jurídicas y Sociales de la Facultad de Derecho de la Universidad de Chile. Magíster en Derecho del Trabajo y Seguridad Social por la Universidad de Talca y la Universidad de Valencia.
Muñoz García, B. (2018). Uber, subordination and the borders of Labor Law. Some ideas to delimitate. Revista Chilena De Derecho Del Trabajo Y De La Seguridad Social, 9(17), 13–40. https://doi.org/10.5354/0719-7551.2018.50380
