La desnaturalización del trabajador autónomoel autónomo dependiente

  1. Hernández Nieto, Juan Antonio
Journal:
Revista universitaria de ciencias del trabajo

ISSN: 1576-2904

Year of publication: 2010

Issue Title: La igualdad en la construcción del modelo laboral

Issue: 11

Pages: 177-194

Type: Article

More publications in: Revista universitaria de ciencias del trabajo

Abstract

The approval of the Self-employment Worker�s Statute has carried out the existence of a new juridical personality: the self-employed economically dependent. His features turn out controversial, specially the fact that they can be self-employed workers and at the same time, they are dependent on only one client. Trough the analysis, mainly, from the juridical regimen set up in the LETA to the dependent self-employer, and the doctrinal and jurisprudent contributions related to the existence or absence about the labour relation working to someone else. I have just found, among other questions, to the next conclusion: with the juridical regulation which it is carried out in the LETA on the dependent self-employer, it has been legalized the figure of «the treacherous self-employer», which it was followed and insulted by the jurisprudence some time ago, and it is just now when businessmen are allowed to have a bigger productive decentralization when obtaining legal protection, what it hadn�t been allowed before. A possible legal option had been to consider them as if they were inside of the special work relations� sphere or range, which are labour relations for someone else, with shades and specific peculiarities, like the relations that are carried out between the self-employment and his main client.