Analysis of the legal relationship between app-based workers and companies in light of the paradigms of juridical business transactions

Abstract

This study examines the evolution of juridical business interpretations, focusing on labor relations, and identifies a political and economic movement seeking to revive the classical conceptual paradigm of juridical transactions while reducing labor rights. Anchored in an ideological discourse of worker autonomy — particularly among app-based workers in relation to platform operators — the analysis explores the interpretation of freedom in service provision under the classical contractual framework, grounded in principles of unrestricted freedom to contract and full autonomy over contractual terms. Within the labor context, a marked imbalance between contracting parties is evident, justifying state intervention to ensure greater social protection. The study thus engages with the contemporary debate on the (dis)advantages of increased flexibility and expanded party autonomy—hallmarks of classical contractualism—as opposed to modern contractual approaches based on objective good faith and the social function of contracts. The argument advances the recognition of an employment relationship in contracts between workers and digital platforms, employing an axiological and principological interpretation aligned with contemporary contractual and social paradigms applicable to juridical transactions. Methodologically, the research adopts a deductive approach, drawing on scientific articles, legal scholarship, and journalistic sources.