La legge portoguese sul transporto passeggeri tramite piattaforma eletrónica: soggetti, rapporti e presunzioni

Abstract

The Authors analyse the challenges created by the digital revolution and the effects on the techniques for the protection of the workers, underlining the absence of a homogeneous concept of work through platforms. The comparative analysis reveals that this form of employment has been sometimes qualified as dependent, sometimes as autonomous. A regulation of the transport activity via electronic platform has been proposed in 2018 in Portugal. The authors offer a critical comment focusing on the nature of the employment relationship. According to the law n. 45/2018, the driver can be employed or carry out a self-employed activity, while the platform exercises some managerial powers, including the control of working hours. A final reflection is dedicated to the presumption of subordination set out in the same law, based on elements not fully according to the work in the digital age.