Regulating platform delivery work in Argentina

Page 10

Introduction In Argentina, the most significant irruption of

standard employment relationship — which

platform delivery companies occurred around

implies a formal, full-time and indefinite-term

2018.

salaried work contract (Berg et al. 2018, Rogers

The

environment

favoured

the

2017).

recruitment of workers, as the entry of these platforms coincided with a severe economic

As a result of the lockdown established in

crisis that had a strong negative impact on the

March 2020, the precarious working conditions

labour market (INDEC 2019; Fernández and

of platform delivery workers became even

González 2019)—which only worsened with the

more evident since they were considered

pandemic.

“essential workers.” When the majority of the

Digital platforms are registered as computer

population

services providers and, for that, they do not

workers—even

appear as employers of delivery workers, who

infected—were the ones who ensured the

must register as self-employed workers. The

provision of basic needs. Thus, between March

imposition of this labour statute has been

and November 2020, five preliminary projects

widely questioned by the literature (Cherry

were presented to Congress in order to

2016; Di Stefano 2016; Pralss 2018). The debate

establish a regulatory framework able to

around their legal status focuses on a series of

recognise labour rights and social security

indicators of labour dependency, such as

benefits to these workers, which are added to

platforms’ setting of the deliveries’ price; their

two other projects previously presented in 2019.

intermediation

in

These gather a variety of legal frameworks that

communication between workers and clients;

range from the employee statute to the self-

the control they exercised in terms of the

employed worker, passing through versions

definition of tasks to be performed (and the

that combine these statutes in the same

way to carry them out) through different

labour regime.

in

payments

and

incentives and penalties; and the economic

remained at

the

at risk

home, of

delivery

becoming

The article seeks to understand the ways in

dependence of workers on this source of

which the proposed regulations attempt to

employment, among others (Ivanova et al.,

solve the dilemma around the classification of

2018).

digital platforms delivery workers, placing

In any case, the shape these labour relations

special emphasis on the analysis of the

take brings back pre-existing problems that

treatment of certain aspects that workers

are usually observed around various forms of

themselves express as concerns about a

labour precariousness that can range from

potential regulation of the activity. Without

total informality to various forms of “atypical

ignoring that riders view is marked by the

employment” (ILO, 2016). Undoubtedly, one of

economic urgency and the most immediate

the most recurrent concerns in this regard

problems they experience, the aim of this study

points to the difficulties that these labour

is to contribute to the knowledge on the subject

insertions may imply in terms of access to

based on the concerns expressed by those

social protection, traditionally linked to the

involved. The article focuses on the analysis of

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