The Presumption of the Employment Relationship of Platform Workers as an Opportunity to Eliminate Obstacles Arising from Competition Law in the Conclusion of a Collective Agreement: The Example of Spain

Abstract

Collective bargaining is the most appropriate tool to introduce detailed regulations specific to platform work. However, the status of platform workers (they are usually self-employed), combined with EU competition law, constitutes a significant restriction on their collective bargaining rights. Hence, the aim of this article is to prove the thesis that the presumption adopted in the Spanish regulation of recognising platform workers as workers in the strict sense would be a universal solution to the problem of ensuring proper labour protection for this group of workers.