Multiparty work relationships in Spain: Legal provisions and emerging trends

Abstract

Multiparty work relationships have been gaining relevance in practice in recent years, particularly in the field of temporary agency work, subcontracting and platform work. There are other more specific forms of multiparty work relationships with long tradition in Spain, but they have not entailed major issues for labour law. Temporary agency work and subcontracting are the most common forms of multiparty work relationships, and there are legal rules for both of them that clarify the rights and duties of the parties involved. Platform work is an emerging reality, and a new legal provision on the matter has been recently approved, but it is still lacking a complete regulatory framework, which is problematic, because even the concept of worker/employee seems to be at issue. There is an increasing focus, among academic scholars, on multiparty work relationships or, in a broader sense, on the consequences of fragmented workplaces and business networks for the rights and duties of workers and employers. However, apart from the new legal provision on platform work, no new provisions have been developed in the area in recent years. This article provides a complete overview of multiparty work relationships in Spain, identifies the flaws of the regulatory framework and makes proposals for a future regulation.