A qualificação do contrato nas plataformas digitais de trabalho

Abstract

The genesis of the digital economy has driven the development of new forms of work,notably those born from digital platforms. Digital labor platforms have given rise to a typically triangular relationship between platform, driver, and client.The main question of this study is to define the nature of the contractual relationship between the digital platform and its drivers. In an attempt to understand whether the drivers of digital labor platforms have an employment contract or a service agreement contract, we analyze the presumption of the Labor Code and its applicability to the relationship under study and offer our opinion on how this contract should be labelled. We examine the solutions adopted by foreign legal systems, namely the United States, Spain and France. We also study the current Portuguese solution, as well as its suitability to the typically triangular relationship between platform, driver and client. Finally, we present our understanding of the aptness of the model adopted in Portugal and our apprehension regarding the establishment of an intermediary between platform and driver.

Date of Award	31 Mar 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Guilherme Machado Dray (Supervisor) & João Confraria (Co-Supervisor)