Collaborative digital platforms or platform capitalism? A turning point in argentine laboral jurisprudence regarding the legal nature of the relationship between the “VTC” platforms and the driver

Abstract

In the last decade, a new collaborative economy business practice has advanced by leaps and bounds, marking a change of economic course both locally, regionally and internationally. In such an economy, it is a question of substituting competition for collaboration, that is, market competition for collaboration between individuals. Although the philosophy of the collaborative economy has a long history, its exponential development is directly linked to the emergence of ICTs, the transition from web 1.0 to web 2.0, and more specifically to collaborative platforms that offer an intermediation service, putting in contact with different people from all over the world.

But what most accelerated the change of the conventional economic paradigm was the COVID-19 pandemic, which brought with it compulsory social isolation in all States, with a strong negative impact on the economy and the consequent loss of jobs that had repercussions on the poorer populations.

In this sense, the collaborative economy expanded in all economic sectors. This new modality of production and exchange of goods and services, based on the interaction between peers through digital platforms, constitutes an innovative phenomenon of global and transversal scope that is generating important structural changes in business. Unlike traditional markets, collaborative digital platforms benefit from low costs thanks to the use of technology and social networks, as well as models for generating trust between users and service providers. But the great paradox is the contradiction between the high income of these platforms compared to the low costs, including the labor cost since they are unaware of the existence of any type of dependent labor relationship.

To such an extent that, in recent years, the very concept of the collaborative economy has become blurred, since these platforms, taking advantage of the collaborative economy business model, offer an intermediation service, putting service providers in contact with users, through a mobile application. Especially the private passenger transport platforms, which are beginning to have a different frame, moving away from the notion of collaborative platforms to approach platform capitalism or “platform capitalism”.

As these are disruptive technologies, there is an absence of legal regulation both in Argentina and in many other countries and, in this regard, it is that jurisprudence begins to cover the legal gaps by applying traditional regulations, which has generated a strong rejection.

In this context, this article raised, as a question whether the current legal framework in Argentina is sufficient, adequate and pertinent to regulate the complex network of legal relationships derived, in particular, from its use in the intermediation of the transport service, also called “VTC” platforms or, if necessary, the issuance of special labor regulations. Specifically, if the legal relationship is actually between peers or there is a relationship of labor dependency between the VTC platform and the driver “partner” that provides the transport service. Such a proposal is not trivial since the rights of the worker are involved as second-generation human rights, also called economic, social and cultural rights.

In response to such questioning, the work aims, on the one hand, to describe and differentiate collaborative digital platforms from those framed within platform capitalism, to continue exemplifying with jurisprudential cases of the labor law and recently resolved in Argentina about the origin or not of the application of labor legislation to said legal relationships.

In compliance with this objective, the methodology was based, first on the description of the conceptual framework studying collaborative digital platforms and platform capitalism, specifically in the transport sector-VTC platforms-. And secondly, the European regulations and jurisprudence regarding the subject will be developed previously and as an introductory legal framework as a precedent to the analysis of jurisprudential cases in Argentina in order to identify the legal nature of the relationship and its consequent legal regulations. competent.