La tradicional marginación del trabajador autónomo por parte del Derecho del Trabajo

Abstract

While there is no doubt about the historical relevance of self-employed work, the lack of interest displayed by Employment Law is equally irrefutable, from its outset to now. This discipline, created as a social response to the Industrial Revolution, focused its attention on the figure of subordinated workers. In other words, from the start, the objective for every branch of the legal code was the protection and guidance of salaries workers, with minimal interest being shown to those who work for themselves, whose regulation is entrusted to the civil or commercial legal codes. One example of this is the content of the diverse regulatory texts issued during the course of the XX century which —in spite of progressively expanding the applicatory scope of the protective branch par excellence— gave no room for self-employed work in its protective sphere.