Outsourcing and the possible illegal supply of employees in the field of digital platforms

Abstract

 In the field of digital platforms, a new episode likely to generate a certain legal-labour debate has arisen because the Labour and Social Security Inspectorate has found that the outsourcing practices of companies such as Amazon and Cabify violate the prohibition on the supply of employees established by labour law. Taking as an unavoidable point of reference the case law on the distinction between lawful outsourcing and unlawful supply, this paper critically analyses the main criteria and reasoning that the Labour Inspectorate seems to have used to reach this conclusion. The study also contains some considerations that place the issue analysed within a broader framework of reflection on the labour law regulation of the outsourcing.