https://revistas.suiiurisasociacion.com/xmlui/handle/123456789/22947 2026-04-23T15:10:21Z https://revistas.suiiurisasociacion.com/xmlui/handle/123456789/22975 The contract-of-employment test renewed. A Scandinavian approach to platform work Platform work blurs the scope of labour law and challenges the contract-of-employment test, threatening effective labour law protection. This article analyses this challenge from a Scandinavian perspective, where the contract-of-employment tests share common features and where a core common challenge is the ambiguous nature of worker freedom: When does the freedom to choose tasks and hours indicate autonomy and when does it indicate (extreme) precarity?As the criteria guiding the test leave this issue unresolved, the article argues that a renewal is required and suggests how it can be achieved. The purposive approach rooted in Scandinavian jurisprudence allows for both an individual and a market perspective, and provides a basis for a careful renewal of the test. The article concludes by suggesting new –or updated– criteria guiding the contract-of-employment test when dealing with platform work. https://revistas.suiiurisasociacion.com/xmlui/handle/123456789/22974 Collective transnational bargaining: practical implementation experiences from European Works Councils in Spain Council Directives 94/45/EC and 2009/38/EC impose transnational collective bargaining in Community-scale undertakings so as to create procedures for informing and consulting employees in said undertakings. More than twenty years after the first Directive was passed, this article examines the agreements reached by European-scale companies with headquarters in Spain and tries to construct a typical model for European Works Councils among companies in Spain. https://revistas.suiiurisasociacion.com/xmlui/handle/123456789/22961 Post-crisis social rights and social security law in Spain The last crisis had a strong impact in Spanish economy. As a consequence, and underrecommendation of the EU, the successive Governments since 2008 till the end of 2014 have passed“emergency legislation” that affected social rights and Social Security System, introducing amendmentsand “cuts” on them. Contrary to what occurred in other countries (that have made Finance Acts, thebudget, or even Parliamentary Acts the fundamental ways to conduct such reforms) in Spain, the RoyalDecree-Law (RDL), a “legislative” type text (serving as an Act of Parliament) has prevailed. The reforms,amendments and “cuts” (in some cases) caused by the crisis have highlighted the weakness of the theoryof supra-legal character of the Spanish Constitution (whose writing would be compulsory for the publicauthorities, and even for the Parliament). The main amendments and “cuts” have focused on fight againstfraud in Social Security, unemployment benefits (contributive and non contributive levels), the revaluationor increase of pensions (“Sustainability factor in the pension System” formula has been passed byAct), retirement agreements with workers affected by redundancy plans (economic dismissal), age ofretirement (that will get 67 progressively in the next years), early retirement and partial retirement, thetax burden which affects the contribution base in the general scheme (Régimen General); the techniqueused for rising this consist of including in the quoted base concepts (monetary, benefits in kind) that weretraditionally excluded from taxation. It is true that during these years 2008 to 2014 protective measuresfor the unemployed and to promote self-employment have been passed by the Spanish Governments andParliament, but they cannot dodge the fact that the social rights have been seriously affected. https://revistas.suiiurisasociacion.com/xmlui/handle/123456789/22965 The Spanish Labour Foundation: The case of Construction Labour Foundation of Asturias Work foundations are not well known institutions having a great potential to promote an improved and stronger social dialogue, worker participation and employee social responsibility. Perhaps, the Austrian work foundations are the most well known, serving as an example of success that may become the basis of a new model that is founded on flexicurity. However, there are other experiences in Europe from which knowledge may also be derived for both European and national good practices perspectives.The purpose of this research is to analyse the main characteristics of Spanish labour foundations. The interest in these foundations is based on two main points. On the one hand, they give us a concrete and specific regulation on labour foundations which comes directly from the law. In this sense, they are based on a completely different legal system as compared to the Austrian experience. On the other hand, they represent the first regulation in Europe on this specific type of foundation. This not only means a longer tradition, but more importantly, that they are based on a completely different socio-economic perspective.This paper has been divided as follows: first, there is a brief description of the concept of labour foundation; second, the regulatory framework is described, which consists of both the legal regulation and its practical manifestation. As for the latter, one of the most thorough and developed experiences has been chosen: the case of Construction Labour Foundation of Asturias. Finally, some conclusions about the practical development of labour foundations in Spain are offered.