Search

Relationships between stakeholders and businesses have the potential for conflict and cooperation. Such conflicts arise out of real differences in values and interests. This article explores the employment relationship as an emblematic case of business–stakeholder relations in which conflict is inevitable because employers and employees have interests that are at least partially conflicting, even while some degree of collaboration and shared interests underpins the existence of all employment relationships. We build on insights from the philosophy of agonism to develop the concept of agonistic business responsibility, which is a stakeholder management orientation that views conflict and contestation differently from the status quo, which we term antagonistic business irresponsibility. We discuss the broader implications of these ideas for stakeholder relations at the organizational level and the prospect of strengthened institutions at the societal level. [ABSTRACT FROM AUTHOR]

The article discusses the legal situation of self-employed workers in international labour law. In particular, it focuses on the International Labour Organisation’s (hereafter: the ILO) predominant and clearly articulated approach in its Employment Relationship Recommendation, 2006 (No. 198), of dichotomising workers into employees and genuinely self-employed, and making the scope of their protection dependent on their belonging to one of these categories. The author questions whether this is the most appropriate way to provide protection to workers working under various forms of contractual arrangements other than the employment contract, including persons to be defined as “genuinely self-employed dependent workers.” A separate strand of consideration is the legal situation of genuinely and independently self-employed workers.

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article concerns the role of Polish trade unions in creating a legal framework for the tech-based employment. The authors discuss the impact of the algorithmic management on the structure of the employment relationship and justify the need to protect workers. Social partners can play an important role in shaping this protection. The article discusses the legal instruments which can be used by trade unions. The text outlines the actual picture of collective relations in the technological area. The authors consider the reasons of the weakness of the social dialogue and analyze solutions which could contribute to improving the situation. [ABSTRACT FROM AUTHOR]

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

One of the natural consequences of the development of technology is that an entrepreneur's confidential information, including trade secrets, is commonly stored in electronic files. This form of information storage inevitably entails challenges in the area of its protection. The coronavirus pandemic has drastically accelerated the process of dissemination of new models of employment, in particular remote (distance) work and cloud working, and has made the protection of an entrepreneur's secrets against unauthorised use even more complicated. This is due to the fact that in such models of employment, employees obtain access to their employer's data remotely, which may decrease the employer's level of control. To remedy this, employers may undertake various steps aimed at ensuring that their secrets are well protected; however, such actions may affect the free movement and mobility of workers. The purpose of this article is to verify how, in these circumstances, the measures provided for in EU law face the challenges of protecting an employer's secrets against unauthorised use by employees and how they define the scope to which they can be applied without the abuse of employees' rights and unjustified restrictions on their mobility. For that purpose, the author analyses in particular Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) against Their Unlawful Acquisition, Use and Disclosure. This research is based mainly on the dogmatic method of analysis. [ABSTRACT FROM AUTHOR]

This qualitative research explores the psychological contract (PC) of a sample of self-initiated expatriates (SIEs) working in the French hospitality sector, focusing on PC evaluation as well as reactions to PC breach and feelings of violation. The authors found evidence of a psychological contract type not discussed before in empirical studies. The employer in this research intentionally disrupts the exchange relationship, creating a destructive PC. In these cases, it is assumed that employees would exit such an employment relationship, but instead the study found a mix of dysfunctional behavior in the form of neglect, workplace deviance and revenge cognitions. Accounting for the limitations of the study the authors highlight the implications of the findings for theory, practice and future research. [ABSTRACT FROM AUTHOR]

This paper aims to reveal the nature, specifics and limits of application of one of the legal grounds for termination of employment relationships established in the labour law of the Republic of Lithu ania – termination of the employment contract at the employer’s will. The analysis tests the hypothesis that the goal of increasing flexibility by simplifying the termination of employment relations, which was set at the initiation of the reform of the legal regulation, was not achieved. The presumption is put forward that this ground for terminating the employment contract is neither new nor safely applicable, and the benefits of relatively simplified procedural requirements do not outweigh increased financial burden. To reveal the impact of statutory amendments in question on the regulation of termination of employment relations in Lithuania, the historical background and the impact of obligations established in international documents on it are assessed, key indicators (such as legal grounds, procedural requirements, burden of proof and order of its distribution, etc.) are identified, and the relevant case law is examined.

Over the past several decades, Chinese universities have introduced various Western-style human resource management (HRM) practices to improve organizational performance. Such HRM innovations have resulted in new employment relations and paradoxical HR practices, which cannot be explained by the unitary institutional logic assumed by conventional HRM theories. Based on in-depth interviews of academic and administrative members, this study examines how Chinese universities struggle to reconcile competing institutional logics through HR innovations for ambidexterity. Our research reveals a unique transformation trajectory of personnel management in Chinese public universities. The findings indicate that human resource management in Chinese universities has been influenced by multiple logics of socialism, market, and corporation, heading along the neoliberal and managerial route while being shaped by strong state regulations. Chinese universities still have a long way to go to reconcile multiple institutional logics and achieve ambidexterity. [ABSTRACT FROM AUTHOR]

Increasingly, work and employment take place within network firms, value chains, and other organisational forms extending control beyond the firm's legal boundaries. This article proposes a model rooted in sociological concepts (work organisation, control, and risk) to analyse how social relations of work and employment are structured, and how inequalities are manufactured, in these organisational forms. First, we change the level of analysis, moving from firm to productive configuration. Second, we propose the notion of social labour relations, to grasp the relationship between workers and any entity likely to control their conditions of work and employment. Social labour relations articulates five dimensions that could be used to compare groups of workers who are participating in the same configuration. Third, we analyse how control is exercised by which entity/entities and over which social labour relation dimension. Such an understanding is essential to provide avenues for institutional renewal: namely to reconnect control and responsibility. [ABSTRACT FROM AUTHOR]

Self-employment has traditionally been regulated by the Civil Code, as a distinctive form of work apart from employment. This chapter strives to evaluate the labour law framework and labour market experience of self-employment. First, the Hungarian legal provisions on self-employment will be highlighted, including labour law, civil law and social security law. This will be followed by an evaluation of the available data on labour market trends regarding the various groups of self-employed workers, such as genuine and false self-employment, and economically dependent work. After this summary on employment data, the legal protection or scope of employee rights enjoyed by self-employed persons will be scrutinised. Finally, I will examine the Hungarian legal mechanisms to combat false self-employment. As a whole, the paper will provide a picture of the legal environment of self-employment with laws, trends and some evident flaws. I will strive to highlight the main driving forces behind self-employment and related labour law policy.

The objective of the article is to analyse legal regulations concerning self-employed activity in force in France and Italy. Given that both countries are characterized by a dualism between subordinated work and self-employment, the author looks at legal constructions that do not easily fit into this division. In addition, she places great importance on discussing the social rights of the self-employed.

The objective of the chapter is to analyse legal regulations concerning selfemployed activity in force in Germany and Austria. First and foremost, the author presents the scale of self-employment in the relevant countries and the sources of its legal regulation. He goes on to characterize the definition of a self-employed person and the categories of workers that fall within its scope. Furthermore, the author analyses the scope of protection guaranteed by German and Austrian legislation to the gainfully self-employed under individual and collective labour law. The last part of the chapter is devoted to the phenomenon of “bogus self-employment” and the legal mechanisms designed to combat it.

The objective of the article is to analyse legal regulations concerning self-employed activity in force in Spain. Spain is the first EU Member State to have adopted a separate law (on 11 July 2007) to comprehensively and systemically regulate the legal status of the self-employed. The Spanish 2007 LETA act aimed to sort out the situation of the self-employed and grant them additional rights. A new category of economically dependent self-employed persons was introduced and accorded special protection. The author discusses the concept and typology of self-employment, including classic, economically dependent, and bogus self-employment. In her view, the Spanish solution of regulating self-employment in a single piece of legislation appears attractive, but the criteria introduced in the law to determine the status of economically dependent self-employed do not adequately fulfil their role in practice. Their restrictive nature, far-reaching casuistry, and the criterion of economic dependence of the self-employed, who must receive at least 75 per cent of their income from a single counterparty, which is difficult to verify objectively and relatively easy to circumvent, result in a negligible number of self-employed persons benefiting from the protective guarantees provided by LETA.

This article uses data from a natural experiment to address one of the most contentious issues in the on-demand platform economy—whether gig work is compatible with standard employment. We analyze a US-based package delivery platform that shifted a subset of its workers from independent contractors to employees, thereby creating a natural experiment that allowed us to exploit variation over time and across locations. We examine the impact of employment status on work scheduling practices, hours of work and the firm's ability to match workers' scheduled hours with the amount of time they were actively engaged in parcel delivery. We find that after the transition to employment, flexibility with respect to how work schedules were determined was maintained, and drivers' total hours of work increased. We also find that the switch to employee status increased the firm's ability to match scheduled and actual working time, indicating greater operational efficiency. We conclude, contrary to claims commonly made by platform firms, that employment status can coexist with the platform model. [ABSTRACT FROM AUTHOR]

Copyright of Revista Internacional y Comparada de Relaciones Laborales y Derecho del Empleo is the property of ADAPT University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background: The full-scale military aggression against Ukraine by the Russian Federation has dramatically affected all walks of life in the country, and the world of work is certainly not exempt from this. During the first months of the war, the operation of many enterprises was significantly disrupted; a substantial proportion of the working-age population was conscripted into the armed forces, some were forced to seek employment in regions of the country not affected by the hostilities or even had to change occupations entirely. This circumstance necessitated the adoption of appropriate legislative measures to stabilise labour relations in the light of wartime. The article focuses on the specifics of Ukrainian labour law in wartime conditions, reveals the difficulties of legal regulation of labour in connection with martial law, and highlights the possible ways of solving the challenges for labour law in the period of armed conflicts based on the experience of Ukraine. Methods: The methods of legal reasoning and analysis were applied to present the main approaches to legal regulation of labour relations during martial law in Ukraine. Actual statistical and empirical data were used for proper argumentation of the conclusions. The method of analogy was used to assess possible ways of solving the challenges faced by labour law during armed conflicts, based on the experience of Ukraine. Results and Conclusions: The article stresses that there is no single approach towards regulating labour relations during armed conflicts. Such conflicts are always unique, i.e. they differ in scale, intensity, duration, technical capabilities of the parties, types of weapons used, etc. Given the diversity of armed conflicts in the world, it is impossible to develop uniform labour standards applicable, for example, at the international level. This demonstrates the priority of national law in adapting the regulation of labour relations to wartime conditions. In this regard, considering the Ukrainian experience, it is appropriate to take into account that: a) armed conflict is dynamic by nature; thus, it can have different stages of development, which can also affect the world of work and labour legislation may need to be systematically revised to reflect new realities; b) considering that the territory of a country may not be evenly affected by the consequences of an armed conflict, in some cases it might be appropriate to provide for the different legal regulation of labour relations for its different regions; c) armed conflict should never be considered a 'valid reason' for unjustified and long-lasting restriction of employees' rights, as it is at a period when they are more vulnerable and therefore require additional legal protection. [ABSTRACT FROM AUTHOR]

The issue of the minimum wage has been attracting attention for many years, not only from experts, but also from the general public. Determining the minimum wage in every country, including Serbia, aims to establish minimum standards for personal income and combat poverty. The basic feature of the minimum wage is that it is a temporary measure, lasting up to 6 months, as a response to an employer’s poor financial performance, and as such it represents an extraordinary measure, which should be abolished upon returning to the normal economic conditions. Upon resuming normal business operations, the employer is required to compensate employees for the shortfall, ensuring they receive their contracted salary in full. However, instead of the minimum wage being an exception, used only in extraordinary circumstances, it has now become commonplace in the labor market, challenging the original concept of the minimum wage and raising questions about its effectiveness. This paper aims to examine the concept of wage and minimum wage in Serbia, along with its practical implications in the domestic labor market.

The subject of the author’s analysis is the performance of work for digital platforms, which is currently developing very dynamically and is significantly ahead of legal regulation. The first legal regulation of work performed for digital platforms at the level of the European Union will be the upcoming directive on improving the working conditions of persons working through digital platforms. The author examines the draft of the aforementioned directive, especially its legal consequences for the legislation of the Slovak Republic. Since the work for digital platforms with algorithmic management often does not meet either the legal characteristics of “dependent work” or the legal characteristics of “independent work”, the author de lege ferenda proposes a legislative solution to the status issues of persons working for digital platforms also by means of a reassessment of the current normative definition of the term “dependent work” as well as the term “employee” which, according to the legal status de lege lata, is defined significantly narrower compared to the personal scope of the proposed directive. In this way, it would be realistically possible to ensure the social protection of natural persons working for digital platforms in the near future.

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The idea of being in compliance with the laws and regulations in force in the country is not new, however, due to an increasingly challenging environment for companies, it is necessary for the risks related to the activity carried out to be minimized as much as possible., so that the company can play a prominent role in the market. In this regard, there is a need to be compliant from a labor and social security perspective, more precisely regarding the risks of replacing the workforce of CLT workers with that of legal entity service providers. Therefore, the aim of this research was to measure the risks that a cargo transport company would be exposed to when carrying out the highlighted replacement. For this purpose, the research analyzed the legal understanding and also addressed the risks relating to inspection, from the perspective of the occurrence of fines. To carry out the research, a deductive approach was used, with the results measured through a case study of a cargo transport company. With the study it was possible to conclude that the risks of such a practice are quite significant, as once the relationship is characterized and the assessment occurs, the company will be compelled to pay around 70% (minimum) or up to 90% (maximum) of the amounts previously disbursed for the provision of services. Thus, the need for companies to comply with the provisions of the law in order to maintain financial health became clear. [ABSTRACT FROM AUTHOR]

Outsourced domestic cleaning service suppliers reconfigure the bipartite employment relationship between employers and domestic workers into a tripartite one between clients (former employers of domestic workers), the management or franchise owners, and domestic employees. While this transformation is attractive to some, outsourcing domestic work involves more than the outsourcing of physical tasks of household cleaning. It also involves the outsourcing of the employment relationship where trust, control and power relations are passed on to the management of the domestic cleaning service suppliers. By taking trust, control and power relations as being reconfigured through outsourcing, this article debates why such reconfiguring might not be convenient for some. By doing this, trust, control and power are conceptualised and how it is perpetuated in a bipartite and tripartite domestic employment relationship. By drawing on 16 in-depth interviews with former clients of a domestic cleaning service supplier in South Africa, this article illustrates that perhaps outsourced domestic services are not an appropriate solution to everyone's domestic cleaning needs and that some clients expect a particular relationship that is not achieved through outsourcing. [ABSTRACT FROM AUTHOR]

This paper in the comprehensive aspect is of a combined character, which includes the summary and research features of the research topic, providing sufficient knowledge for the employment relationship and rights from this field in Kosovo. The paper initially contains historical aspects of the development of law and labour relations in Kosovo. In addition to this, it further contains important comparative aspects, offering the possibility of dealing with labour disputes, as well as to analyse the advantages and difficulties offered by the legal framework in dealing with this issue. The paper presents the role of responsible institutions, including the court, respectively, the trend of judicial practice for conflicts arising from labour relations. On the other hand, it also includes statistical data based on the annual work reports of the competent institutions that inspect the respect of the rights derived from the employment relationship. In order to secure the data, the comparative method of interweaving the main legal sources that determine the field of competence of the competent institutions was used. The second method is the research method through interviews conducted with officials in charge of state institutions whose duty is to protect the rights of this category. In order to provide numerical data, a statistical method was used, through which the number of complaints received by the Independent Supervisory Council for the Civil Service of Kosovo was presented, and on the other hand, the total number of employees without labour contracts in the inspected institutions by the Labour Inspectorate was presented in three last years. Based on the interviews conducted with judges, it is emphasized that regarding the nature of the disputes that are presented the most are: requests for the annulment of the employer's decisions which, as a result, have caused the termination of the labour contracts, complaints for returning to the workplace with all the rights guaranteed by law as well as requests for the cancellation of competitions. The data indicate that during these last three years, the year 2021 has been the year with the most complaints registered by the Independent Supervisory Council [ABSTRACT FROM AUTHOR]

To analyse democratic and legal labour relations in the current conditions of economic and social development means, first and foremost, to highlight their essence and main features, as well as the development trends and future improvements of these relations.The year 2021, like 2020, has been characterized, among others, by the COVID-19 pandemic. This has produced various effects. As an effort to mitigate these effects, the Government of Kosovo has undertaken measures to support employment through the economic recovery package. Based on this context, the main and only purpose of the 1st Measure of economic recovery is the support of employment. Active employment measures have played a very important role in the integration of unemployed persons into the labour market. One of these measures with the largest number of beneficiaries is Vocational Training. Vocational training is a fundamental and very important process to get a job. In this sense, even the latest statistical data (2021) of the official authorities of Kosovo prove that the largest beneficiaries of active labour market measures are the persons who have undergone vocational training. The purpose of Vocational Training is to enable an increase or adoption of professional knowledge, namely to acquire additional knowledge,skills and abilitiesto perform efficient work, in order to increase the prospect of employment or retain their employment. Based on the international aspect, employment and the labour market are under the pressure of many factors, such as demographic, technological, economic and political ones; therefore, vocational training is considered as one of the mostsuccessful active labour market measures.

After the Constitutional Court Decision Number 13/PUU-XV/2017, the labor regime which provided possibility of prohibiting workers for having marital bond with the colleagues, has been distorted to become a permissibility, after annulling Article 153. (1). f the Labor Law. In the scope of State Civil Apparatus, there are several reasonable arguments that the Decision can be extended to them, which is: (a) there is similarity between State Civil Apparatus and labors in the matter of employment relationship. where State Civil Apparatus is an employee which employed by the government, while the labor by the company; and (b) the State Civil Apparatus law doesn’t prohibit them from having a marital bond with the colleagues. Based on that, the restriction on the right to establish a family and to get fair and proper treatment by forcing the prohibition of the marital bond with the colleagues through the internal office regulations shall not be justified.

When bankruptcy proceedings are initiated by an employer, that often leads to uncertainty and problems for its employees. One of the biggest problems in this kind of situation is the protection of employees’ claims arising from the employment relationship. Employees have the right to the payment of their claims arising from the employment relationship, such as unpaid wages, transportation allowances, meal allowances, holiday bonuses and the alike. However, in the case of the employer’s bankruptcy, these claims are at risk, and there is a possibility that employees may not be able to fully collect them, which compromises the fundamental principles of labor legislation. For this reason, the state intervenes to protect monetary claims arising from employment. The primary mechanism involves granting privileged creditor status with priority claims, along with mechanisms to protect these claims through a special guarantee institution. If there was no such intervention by the state, the realization of those rights would be difficult. However, even with state intervention, the realization of these rights is not guaranteed. In this regard, this paper will examine models for protecting employees’ claims in the event of bankruptcy, while identifying practical problems in this field.

The example of the case-law evolution of the Court of Justice (CJEU), concerning the correct interpretation of the requirement of "normal remuneration" to be received on basis of Article 7(1) of Directive 2003/88/EC during the period of annual leave and the corresponding allowance in lieu, the challenges of Slovenian courts, confronted with a rather static domestic and EU labour legislation, will be presented. Annual leave is a fundamental right of every worker in the EU, be it in private or public sectors, so its regulation on both legislative levels should be enacted with great precaution. It will be further presented that due to the implicit supranational and autonomous nature of the EU law it is nigh to impossible for the national legislators to regulate all aspects of this fundamental right as both levels of legislation "do not speak the same (normative) language", especially with the CJEU as a constant interpretative "interloper". In absence of uniform EU labour law interpretative alignment can only be asserted by the continuous efforts of the national judiciary. [ABSTRACT FROM AUTHOR]

Copyright of Prometeo Conocimiento Científico is the property of Puerto Madero Editorial Academica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of e-Revista Internacional de la Protección Social is the property of e-Revista Internacional de la Proteccion Social and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the context of employment, a form of direct discrimination is frequently embodied in prototypical examples of job advertisement, such as "A female worker needed to work in a bakery" or "Send a CV including a photo". The competent institutions often reacted to such and similar advertisements, and the citizens' awareness has been raised to such an extent that they often get organized (as "testers") to gather evidence and establish whether such conduct constitutes a discriminatory act. In this regard, the authors examine why some personal characteristics that are sometimes required from candidates (age, gender, appearance, etc.) are considered advantageous and do not cause the candidates revolt. How it is possible that even state authorities can ask the candidate for confirmation that he/she has not been convicted or that no legal proceeding is underway against him/her? Is the certificate on no prior criminal record really crucial for the position of a nurse or a medical technician (orderly) in cases where a person has been convicted of a minor offence against road safety? Is an unconvicted cook better at making sushi than the one convicted of negligently causing a car accident? How does the state provide for the possibility of resocialization of convicted offenders if it requires this type of certificate for jobs in the public sector, without making any distinction between the specific type of committed offence and the length of the imposed sentence? Finally, what about the presumption of innocence, one of the basic postulates of criminal procedure? By analyzing the current legal provisions and the practice of independent bodies and international institutions on this matter, the authors aim to address these and other questions that have been raised both in theory and in practice. [ABSTRACT FROM AUTHOR]

In this article, we explore the employment relationships of self-initiated expatriates (SIE). Drawing on the concept of psychological contract, we, first, derive a typology of SIEs' employment relationships, differentiated by their perceptions concerning both the employee's and the employer's mutual obligations and fulfillments. Second, we explore what characteristics SIEs with different types of employment relationships possess. Finally, we investigate what implications the identified employment relationships have for the involved SIEs. Based on our analysis, we identify four distinct SIE profiles: professional cosmopolitans, early stage careerists, lost-in-transition escapees, and dependent travelers. The analysis adds to the hitherto scarce literature on the nature and the implications of employment relationships among SIEs and, in this way, increases both our understanding of SIEs as a valuable talent pool and the ways to manage it. [ABSTRACT FROM AUTHOR]

The paper aims at offering, in the form of a theoretical analysis, an overview regarding the approach adopted by Italian law and Italian case law with reference to the relationship between vaccination against Covid-19 and employment relationship. The analysis starts from the general obligation of the employer to protect employees' health and safety pursuant to article 2087 of the Italian Civil Code, that makes mandatory for the employer to adopt any measure necessary to protect the health and safety of the employee in the workplace. From this point of view the paper offers an overview of the debate that animated the labour law community immediately after the start of the pandemic, when it emerged the Covid-19 vaccination can be considered a protection measure against the risk of Covid-19 infection. The paper then analysis the specific provisions adopted on this matter by Italian legal system, namely that contained in Law Decree 1st April 2021, no. 44 offering an overview on the contents of the abovementioned law and on the decisions of the judges, after a theoretical and systematic classification of the matter.

Influencer marketing has recently become the best marketing strategy, widely embraced, from local professionals to multinational companies advertising and building brand awareness online. At the heart of influencer marketing is the influencer, an entity whose definition is composed of a grid of criteria it must meet rather than an immutable description. However, in this grid of criteria, no condition has crystallised as to the legal form of the influencer: could it be a natural person or must it be a legal person, is it of a liberal nature or could it be an employee? Besides this main actor, an entire influencer marketing industry has emerged, involving the participation of secondary characters. The heterogeneity of influencer marketing business models gives rise to legitimate questions such as: what types of legal entities, silhouettes shaped by fictions of law, can be found or even should exist, and what are the premises of the contractual relationships between them?