The application of Art. 42 ET beyond the classic schemes: the case of a community of property owners (Regarding STS 27 May 2022, Rº 3307/2020).

Abstract

Regarding the STS 27 mayo 2022 (Rº 3307/2020), the Spanish Supreme Court confirms the application of Article 42 of the Workers' Statute in a quite specific case. It concerns an entity without legal personality, specifically a community of property owners, that decides to outsource the concierge service. The sentence in question allows, at the same time, the analysis of two shaping elements of Article 42 of the Workers' Statute: the entrepreneurial status of the parties involved in subcontracting, as well as the concept of core activity. Beyond the specific solution adopted by the Court, this current question invites to raise a critical analysis of the regulatory scope in the light of the new scenarios of outsourcing strategies.