La dependencia económica como elemento vertebrador del Derecho del Trabajo. La necesaria modificación del artículo 1.1. ET, a la vista del ejemplo alemán

Résumé

Based on the distinction between employment and self-employment, which should be reviewed, the scope of Labor Law has been delimited according to the notion of subordination or dependency, despite the ambiguity of article 1.1 ET, which welcomes all workers who are «within the scope of organization and management» of the employer. In reality, both subordinate workers and self-employed workers who regularly provide services for an employer have economic dependence, which is one of the two elements that originated Labor Law in the 19th century. Who should be considered a salaried worker is something that must be rethought today. In any case, given the new German regulation of «personal dependency», article 1.1 of our ET should be modified.