Dialéctica entre subcontratación y trabajo autónomo (1)

Resumo

Subcontracting relationships between companies and autonomous workers pose certain problems on its right qualification. Likely, in not few cases employment contracts are being hiddened under the coverage of self-employment linkages. Subcontracting is a favourable framework for the development of informal monitoring tools focused on subcontracted autonomous workers. Therefore, it would be necessary to check the independent or subordinate carácter of the services given from a material point of view and taking into account the current circumstances of productive systems. In the international, European and internal contexts, the political and normative trends have oscillated between promoting self-employment and monitoring the fraud on it but with a clear unbalance towards the former. Meanwhile, internal case-law has remained relatively anchored in tradicional criteria differing between on the one hand for somebody else work and subordinate employment and on the other autonomous work and self-employment. Notwithstanding, some perceptible adaptations to the current reality must be recognized. Also, substantive internal legislation has not been clarifying enough and has prompted legal uncertainty and desprotection, particularly in the framework of subcontracted autonomous work.