Plataformas Digitales y concepto de trabajador: Una propuesta de interpretación finalista.

Abstract

There is consensus in the labor law doctrine that the concept of worker must be interpreted according to the social reality of the moment in which it should be applied. The present work analyzes what this affirmation means in the current moment of expansion of digital platforms and autonomous work in general. For that, i) the existing proposals in the comparative doctrine of extension of the subjective scope of Labor Law are analyzed; ii) the aims of labor law; iii) the latest interpretations of the Supreme Court of the concept of worker. Based on this analysis, a purposive interpretation proposal is made of the concept of worker that allows to include all those who provide services without being genuinely a company.