 Falsas cooperativas de trabajadores y medidas adoptadas por los poderes públicos en España para combatirlasGemma Fajardo Garcã A ()
No 1930, CIRIEC Working Papers from CIRIEC - Université de Liège Abstract: Fake cooperatives are considered those entities that are constituted as cooperatives, but do not carry out a cooperative activity in accordance with the purposes and characteristics that are typical of cooperatives (autonomy, democratic management, economic responsibility, voluntary adhesion, ...). Fake cooperatives can occur in all cooperative models and in all sectors. The reasons in each case may be different: not taking risks, ensuring customers or saving costs are usually the most common. The main signal that warns of the existence of a fake cooperative is the lack of independence of the cooperative or its members. This dependence is appreciated by the presence of a series of indications and also the impossibility or difficulty that the members have to avoid this dependence. Indications of dependency are not enough, it is necessary to confirm such dependency, analyzing if the members mostly accept the situation or are forced to go through it without options for change. In this paper we analyze the case of some fake cooperatives that have arisen to outsource the work, so that the workers, as members of the cooperative, assume the costs and risks of said activity. It is not only about avoiding the enforcement of labor law, normally there are other consequences associated, such as corporate responsibility derived from the activity carried out. These fraudulent actions occur in many places and are issues of global concern. Precisely, "Combating false cooperatives" is part of the Joint Action Plan agreed by ILO and ICA in 2018. But our objective in this paper is to analyze the latest cases of fake cooperatives that have been detected in Spain, in relationship with worker cooperatives. These cases have occurred in three areas: transport workers, slaughterhouse workers and intermittent workers in billing cooperatives. This paper is structured in the following sections: 1. Exposure of the legal elements that condition the actions of the promoters of the fake cooperatives: characteristics of the cooperative, labor and social security legislation; 2. Analysis of the organization and performance in the three models of fake work cooperatives that are the object of attention (transport, slaughterhouse and billing cooperatives); 3. Measures adopted by the public authorities to combat them: a) Measures adopted in cooperative legislation; b) Measures adopted from the inspection and control function of the Public Administration, in matters of cooperatives and employment; c) Judgments issued by the Supreme Court and other courts, and 4. Assessment of the measures adopted and other proposals. Keywords: worker cooperatives; fake cooperatives, law fraud, labor rights, rights to social security, cooperative legislation, self-management (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:crc:wpaper:1930 Access Statistics for this paper More papers in CIRIEC Working Papers from CIRIEC - Université de Liège Contact information at EDIRC. |
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