Riders and app drivers: a regime of their own

It creates the Regime for Private Passenger Mobility and/or Delivery Services using technological platforms — ten sections that move the debate out of "is this person an employee or not?" and write a statute of its own. The central figure is the "independent provider": a natural person who agrees to provide the service "independently" (s. 120). ⛔ The section that defines the whole regime is the last one: for matters not provided for, the relationship between the platform and the provider is governed on a fallback basis by the Código Civil y Comercial, not by labour law (s. 128). ⭐ The provider has thirteen listed rights, and section 126 states before listing them that none of them "implies any indication of an employment relationship, subordination or dependence": refusing orders without justification · receiving an explanation if the platform cuts off access, with a right of reply to a human operator · data portability in a structured format · two free training courses — platform use and road safety — whose costs the platform bears · a personal accident insurance provided by the platform, with minimum cover for accidental death, total or partial permanent disability arising from the service, medical and pharmacy costs and funeral costs · 100% of the tip · connecting with no minimum frequency required · registering without being obliged to connect · disconnecting without prior notice · choosing hours, route and means of transport. On the other side, the provider must be registered with the tax authorities and pay their own contributions, which are what give access to the Universal Basic Benefit, disability retirement, survivor's pension and the National Health Insurance System (s. 125). ⚠️ And on the insurance there is a sentence worth reading in full: "responsibility for providing this insurance and its associated costs shall be freely agreed between the parties involved, without establishing exclusive responsibility for either of them". verif · Mar 6, 2026 ↗

In force with the law, from 6 March 2026, across the whole country (s. 122). ⚠️ With a gap the regime itself leaves open: section 127 states that the National Executive shall determine the enforcement authority by regulation. Until that happens, the rights and obligations are written but no named body enforces them — the route is judicial, with the Código Civil y Comercial as the fallback rule. verif · Mar 6, 2026 ↗

To anyone delivering or driving through an app, which in the boom towns is one of the first routes into an income of one's own: the law tells them their work is independent, lists thirteen rights, and imposes one obligation that is not minor — registering and paying their own contributions, because that, and not the platform, is where their pension, disability cover and health insurance come from. And to anyone wanting to set up a platform: the regime gives written rules of the game — information to the provider, a digital complaints mechanism, human operator support, training at the platform's cost, accident insurance — in exchange for removing the risk that every dispute is argued as an employment relationship. ⚠️ And it opens an insurance market that previously had no shape: personal accident cover for riders and drivers, with minimum content defined by law. Who pays is left to agreement between the parties; that it must exist is not. verif · Mar 6, 2026 ↗