Seminari - Angel Martin

Angel Martin Caballero (University of Manchester) will present his paper “Institutional experimentation to regulate platform work in Spain and Chile.”


Abstract

This paper examines institutional experimentation in the regulation of platform work through comparative case studies of Spain and Chile. Spain’s Rider Law presumes employment status for delivery riders, emerging from national-level social dialogue but targeting a narrow group of workers. In contrast, Chile’s Digital Services Platforms Act introduces a distinct category of "independent platform workers" within the Labour Code, covering a broader group of workers but without granting statutory recognition of the employment relationship. Drawing on over 50 interviews with key industrial relations stakeholders and extensive documentary material, the analysis explores how institutional experimentation shapes reforms, focusing on actors’ framing processes, strategies, and power resources in enforcing the rules. The comparatively stricter regulation in Spain creates more favourable conditions for the development of industrial relations in the emerging gig economy sector. However, platforms respond by diversifying regulatory circumvention strategies and shifting to subcontracting arrangements. Chile’s more ambiguous approach faces less resistance from workers and businesses but risks enabling bogus self-employment due to limited enforcement capacity and unchecked compliance. Both cases illustrate significant challenges in enforcement and implementation, highlighting the complex politics of institutional experimentation. The paper concludes that, although innovative, these reforms contribute to further complexity within already fragmented regulatory frameworks, undermining their efficacy and relevance. Nonetheless, while Spain shows greater resilience from embedded institutions and social actors, Chile faces a higher risk of institutional drift.