It is not an Argentine boom. The expansion of digital delivery platforms is a phenomenon that grows throughout the world. And, at the same pace, the controversy over the framing within the labor legislation of thousands of distributors also increases globally.In the last hours, another country joined the attack against the modality of autonomous contracting: Spain, which ordered that workers be included in the Hospitality Work Agreement (equivalent to the gastronomic item at the local level).In the Official Gazette, it was stated that the delivery people were "on foot or in any type of vehicle (...) as a provision of the establishment's own service or on behalf of another company, including digital platforms or through them" .The Confederación Sindical de Comisiones Obreras (CC.OO.) highlighted that, in this way, thousands of people leave the "legal limbo" and become considered staff in that branch of activity.As expected, the news resounded in the Argentine union arc that, for these hours, is claiming before the applications the reinstatement of the 450 dismissed by PedidosYa, the only one of the three companies that had the distributors in dependency relationship."It is the same argument that is given here In Spain, the dispute must have been for a case of someone who works in a hotel, here it would be necessary to see where the delivery worker works and what the applicable collective agreement is", explains Juan Carlos Cerutti, to iProUP.In Argentina, the "legal limbo" continues. Not only are there confrontations between the unions and the companies, but within the trade unions themselves to see "who stays" with the representation of the workers of these platforms, which are becoming more and more.It is a business in clear expansion. According to the companies themselves, orders increase at a rate of 25% per month, which leads to a notable growth throughout the country, beyond the incorporation of new businesses to its core business.Is the outbreak coming?As iProUP would say, there are several guilds that demand the representation of delivery people and denounce a "hidden" dependency relationship before the demand of the apps that are enrolled in Monotributo and bill for their services.The first protests took place in Castillo at 1200, in the Buenos Aires neighborhood of Villa Crespo, headquarters of Rappi. There, the cyclists came together under the Platform Personnel Association (APP), an ad hoc group that requires immediate incorporation into the company's plant.In the center of the scene also installed the Trade Union Association of Motorcyclists, Messengers and Services (ASIMM), which claims the guardianship of all delivery and has the endorsement of Hugo Moyano.The trucker leader supported the protest of the union "motoquero" at the doors of PedidosYa -in Gurruchaga street at 1700, which requested "the reinstatement of the 450 dismissed.""ASiMM brings together the 'motoqueros' and was born within the courier companies, on the other hand is the platform staff (APP), which, having no trade union status, can not sign a collective agreement," explains Juan Carlos Cerutti, expert lawyer in labor law. "There is also UTHGRA (gastronomic and hotel) and ice cream parlors, there are several conventions that have the figure of delivery," he adds.Of all of them, ASiMM is the one that claims most strongly. Not only does it maintain the headquarters of PedidosYa, but it also emphasizes that it is the only union that can demand the protection of the sector."The messaging and home delivery activity is not regulated in any country in the world, except in Argentina, where it is regulated by laws, decrees, and resolutions that indicate that the collective labor agreement corresponding to such activities is that of ASiMM", affirm from the union to iProUP.According to the union, "PedidosYA had 1,800 workers framed in an agreement, but now a strong restructuring and precarization process is taking place, replacing the dependency relationship with the figure of the Monotributo".It all comes down to a question of profitability. If these companies "whiten" their dealers, the business ends. In effect, PedidosYa, the only one of the three that had personnel on the ground, could not support this scheme and had to dismiss 450 of its 1,100 delivery drivers.Employees or self-employedAmong labor, there are strong discrepancies about the labor framework that should govern the sector."These platforms operate within what is called 'collaborative work', in which the app is a mere intermediary between the riders, who are self-employed, and the shops, which through these apps sell to a greater number of customers. "says Solana de Diego, from the Julián De Diego y Asociados studio.In dialogue with iProUP, he argues: "We are not talking about workers in a relationship of dependence, but self-employed who set their own hours, choose when to connect, what to take or refuse and do not receive any type of disciplinary sanction."In the opposite street, they emphasize that this figure is not present in the local law, so it would not be applicable and companies are clearly in default."There is no 'collaborative' work in Argentine legislation, it is collaborative when it does not represent normal or regular work and, moreover, it is not done for the same company," says Cerutti.In this sense, the lawyer emphasizes that "we must analyze what to do with this model", because currently "it is an unregistered work relationship" and these companies "are in fraud with the current law". As an example, he assures that "in Australia, France or England they understand it that way".From the other path De Diego focuses on two aspects:1.- "Having freedom of contract, the application can accept, select and start a contract with that rider, it is not a sanction system"2.- "The distributor accepts a civil and commercial contract, not labor", while the users qualify a trade and not the cyclistCerutti does not share the sayings of his colleague. Remark that:1.- "The algorithm is managed by the company itself, which is the one that decides whether or not to drop a cyclist"2.- "The applications make a unilateral control of the relationship, in which not only can cyclists be accepted or not, but also terminate the link"Remember that for the application, a person must fulfill certain requirements: have a motorcycle or bicycle, a cell phone and pay on consignment the box and clothing. It also ensures that it is the platforms that manage the money."If you call a Rappi and pay it with a card, they manage the funds and, in a certain amount of time, they liquidate what the salary would be.In addition, the distributors have a debit card issued by the company to pay the restaurant the requests of the people, "explains Cerutti.For his part, De Diego points out that there is no employment exclusivity, another of the arguments put forward by the workers. "It's as if taxi drivers who use the BA Taxi app are considered employees of the City Government," he says.Some lawyers say that, in the event that a delivery person is injured, the restaurants or other businesses for which they deliver will be jointly and severally liable in the event of litigation or an accident on public roads.According to Cerutti, "distributors will be able to sue both PedidosYa and the trade with which they used to work regularly", since they usually spend a large part of their working time in these stores."Solidarity applies to salaries, that is, compensation, salary and fines for unregistered employment, and for union debts, social work, contributions and contributions, including those arising from work accidents," he explains to iProUP.In the midst of this legal controversy, ASSiM scored the first "bean": Justice ruled in its favor for the reinstatement of employees blocked in the Rappi app for union activity.De Diego criticizes that a court has accepted the claim, since "it is taken as valid the existence of a union that would be representing self-employed workers."Occupationalists do agree on something: they should aim at a normative framework in which, for the worker of these platforms, not all the characteristics of a full professional are included, but neither those of a dependency relationship.