Problemas prácticos para la ordenación del tiempo de trabajo en las relaciones laborales de plataformas digitales de reparto

Résumé

In this paper, after analysing the practical unanimity in the judicial considering riders as employees, I describe the difficulty of fitting the management of the working time of this kind of relation under the current regulation. for the purposes of analysis, a distinction is made between workers whose employment is declared by the courts or by conversion at the request of Labour Inspection, and those who may be directly hired as employees. In both cases, the regulation of "jornadas especiales de trabajo" (special working time) is appliable. This regulation determines the extension and remuneration of different situations of service provision. Thus, in practice, for part-time workers with relatively short working hours, the mechanism of ·horas complementarias" is clearly insufficient for the flexibility sought; nor is the irregular distribution of the working hours adequate. Therefore, without regulatory reforms -of wich a proposal is included in the last section- the only possible way to articulate the relationship is a constant renewal of the content of the contract, wich implies a high level of legal uncertainty.