EL EJERCICIO DE LOS PODERES EMPRESARIALES MEDIANTE ALGORITMOS

Abstract

The presumption of an employment relationship in digital
platforms for delivery services included in Law 12/2021 is based on the express
recognition that the management functions of organization, direction and control
can be exercised using mathematical calculation methods. This follows from the
role played by the exercise of these functions through the algorithmic management
of the service, according to the new twenty-third additional provision of the
ET (Statute of Workers Rights). This provision, however, omits any reference to
the disciplinary power of the employer. The objective of this paper is to analyze
the implications of this presumption of an employment relationship and, specifically,
the consequences for digital platforms in terms of the adaptation of their algorithms to the limits of managerial functions established by Spanish Labor
Law and eventual regulations introduced at the level of the European Union.