The Portuguese legislation on transport activity via electronic platform: subjects, legal status and presumptions

The Authors analyze 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 quali...

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Bibliographic Details
Main Authors: João Leal Amado, Teresa Coelho Moreira
Format: Article
Language:English
Published: University of Bologna 2019-07-01
Series:Labour & Law Issues
Subjects:
Online Access:https://labourlaw.unibo.it/article/view/9629
Description
Summary:The Authors analyze 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.
ISSN:2421-2695