Revista Derecho Social y Empresa

Tribune

Pilar Núñez-Cortés Contreras — 2025-07-31

Digital Platforms and Labor Rights

Eduardo Rojo Torrecilla — 2025-07-31

This article deals with the regulation of labour rights, both individual and collective, of those who provide their services in platform economy companies, more specifically in offline platforms. It focuses, on the one hand, on determining the legal nature of the salaried or self-employed contractual relationship of workers, with a review of doctrinal contributions of undoubted interest, and reviews the regulation projects at the international level (ILO), and the existing EU legislation (Directive 2024/2831) and pending transposition into domestic law, ending with some brief notes on the different responses given to the legal conflict in Spain by the social and contentious-administrative jurisdiction.

Video Surveillance and Sound Recording Vs. Fundamental Rights of Workers

Raquel Poquet Catalá — 2025-07-31

This work analyzes the debate surrounding the possibility of the company installing video surveillance systems to record images and/or sound on the workers. For this, it is studied the evolution of the regulations, as well as of both constitutional and judicial doctrine and of the TEDH. It is concluded that the LOPDGDD does not offer a clear answer about the use of video surveillance in the workplace. It only expressly regulates the need for the company to inform workers about the existence of the video surveillance system - without requiring consent - and always complying with the principle of proportionality, unless it has been caught a flagrant commission of an illegal act, in which case, the existence of the information device will be sufficient. However, as to recording sounds, it is only allowed exceptionally when there is a serious security risk.

The Impact of New Technologies on the Implementation of Internal Flexibility Measures in the Business Environment

Gema Catalán Mejía — 2025-09-09

The application of new technologies in Spanish technology companies is generating significant challenges in the field of labor regulation in numerous aspects, from challenges that impact workers’ individual rights, such as privacy and digital disconnection, to those generated in the business sphere regarding the adaptation of regulations to new production models. As a reflection and focusing on the adaptation of current regulations to the new needs for labor flexibility in companies, this paper analyzes the current regulations and their capacity to respond to a sector that demands regulatory frameworks that sometimes deviate from traditional labor law frameworks.

The Impact of the Artificial Intelligence Regulation on the Employment Sector

Jesús R. Mercader Uguina — 2025-07-31

The use of algorithms and AI as automated decision-making tools has the potential for wide-reaching effects in multiple fields, which, unsurprisingly, also include the employment sector. In the European Union, the approval of the Artificial Intelligence Act (AIA) paves the way for a regulatory framework that balances technological advancement with the protection of health, safety, fundamental rights, democracy, and the rule of law. This uniform legal framework will have a clear impact on employment relationships and the increasingly common implementation of AI in the workplace. This article provides a detailed analysis of the AIA, outlining its key principles, the impact it has on employees’ interests, and the set of responsibilities and obligations employers assume as part of their role when deciding to implement AI systems.

Reflection of Telework in Collective Bargaining

Eva María Mas García — 2025-07-31

The COVID-19 pandemic transformed the way workers provided services overnight, causing teleworking to increase exponentially, not only in Spain but worldwide. At that time, there was no regulation on the matter in Spain, and very few collective bargaining agreements contained references to teleworking, and those that did regulate it did so through simple and very general criteria. It was only after the pandemic that collective bargaining agreements began to be signed that expressly include more comprehensive regulations on remote work and teleworking, although their regulation still lacks important issues related to occupational risk prevention, psychosocial risks, the digital divide, etc.

The Ethics of Human Work, Artificial Intelligence and the Outlook in Latin America, Argentina and Uruguay

Maria Rosina Rossi Albert — 2025-07-31

This essay examines the compatibility between the ethics of human work and governance through Artificial Intelligence (AI) within Labor Law. It explores the anthropological conception of the human person and its relationship with AI, highlighting the power asymmetry in labor relations. The paper discusses AI’s impact on labor management, regulatory frameworks in Latin America, Argentina, and Uruguay, and the necessity of regulation to ensure transparent and rights-based governance. While AI can optimize processes, it cannot replace the emotional and experiential dimensions of human labor. The study emphasizes the need for a worker-centered regulatory approach to prevent job insecurity and rights violations.

New Technologies and Labor Relations in Peru

Leopoldo Gamarra Vílchez — 2025-07-31

This article examines the use of new technologies and their impact on the employment relationship in Peru. To this end, it first analyzes the origin of new technologies and their impact on society, specifically on labor, including the new powers of employers and the new rights of workers that must be recognized and respected. Finally, it discusses the need for changes in Peruvian legislation and, as challenges, the implementation of existing international instruments on labor that recognize their social value in the fulfillment of the individual as a human being.