The deficient protection of TRADE's safety and health at work. Old and new problems after Law 31/2015, of september 9th

Abstract

Ensuring the safety and health of the TRADE (economically dependent worker) is quite deficient from the moment that the legal regulation emphasizes their status as autonomous, responsible for their own self-protection, or the consideration as a source of risks to third parties, without providing a specific and direct claim on the right to an «adequate» protection content. Its peculiar situation of economic and functional dependence and the conditionalities imposed to control risks are disregarded. The legal recognition of the recruitment of workers from the TRADE raises new applications and preventive inefficiency problems, which bind to the gaps, shortcomings and difficulties posed by LETA (Law 20/2007, on the Self-Employed Work Statute).