The question came up again in a meeting with a retail client: "We outsource last-mile logistics to a delivery platform. If a delivery person sues the platform tomorrow and wins, do we have a problem?". The short answer is yes, you could. The long answer, in 2026 Argentina, is that the issue remains a legal minefield where two incompatible theories, two union stances, contradictory rulings from labor courts, and a Bases Law that surprisingly did not dare to tackle the problem coexist. Here I explain the current situation of riders, delivery people, and drivers who work for Rappi, PedidosYa, Uber, Cabify, and Didi, what the rulings say, what position the Ministry of Human Capital has taken, and, most concretely, what you need to look at if your company contracts logistics or services through these platforms.
The underlying question: monotributistas or disguised employees?
The issue is simple in appearance and devilishly complex in practice. When a rider registers on Rappi or a driver turns on the Uber app, they sign a civil/commercial contract where they declare themselves an independent service provider. They invoice as a monotributista (category A or B, in most cases), have no fixed hours, no direct boss, and "choose" when to log in. The platforms maintain that they are technological intermediaries, not employers. Their business, they say, is to connect a consumer with an independent worker, just like MercadoLibre connects sellers with buyers.
The union position, led by the Association of Digital Platform Personnel (APPD) —the union created in 2018 that fought for and obtained trade union status after much debate—, says something else: that this scheme is a disguised employment relationship. What is their basis?
- Algorithmic management: the app directs the worker. It assigns orders, marks routes, evaluates them by speed and stars, and disconnects them if they reject too many orders. It is a form of control comparable —or superior— to that of a human supervisor.
- De facto exclusivity: although contractually they can work for several platforms, in practice the worker depends economically on one or two, working long hours to reach the minimum income.
- Economic dependence: this is not a professional with a client portfolio, it is someone who lives off the weekly income from the app, without the ability to set prices or conditions.
- Technical and legal subordination: the worker cannot negotiate rates, does not choose the client, and cannot subcontract the trip. They follow the rules imposed by the platform.
These four elements are exactly what Articles 21 and 22 of the Labor Contract Law define as signs of an employment relationship. The fight is over interpreting them: the platforms say they are "service quality standards", the APPD says they are proof that there is an employer behind the algorithm.
A labor lawyer who advises a couple of companies in the logistics sector told me a few weeks ago: "In Argentina, when a judge has to decide if there is an employment relationship, they don't look at the contract, they look at reality. And the reality of a rider who works 10 hours a day, exclusively for one app, with the motorcycle in their name but rented and charged against their earnings, looks a lot like an employee."
The numbers: how many there are and what the platforms bill in Argentina
To understand the size of the problem, it is worth looking at the numbers. Rappi and PedidosYa are the two big players in delivery in the country, with a presence in CABA, GBA, Córdoba, Rosario, Mendoza, and 15 other cities. According to estimates from the sector itself and press reports, there are more than 150,000 active workers on digital delivery and transport platforms in Argentina, adding up all the actors: Rappi (around 60,000 active delivery people according to the company's own statements in 2024), PedidosYa (≈ 50,000), and the drivers for Uber, Cabify, and Didi (combined, around 40,000 in CABA and AMBA, according to sector surveys and notes in economic media).
The estimated annual billing of the sector is around USD 1.5 billion, combining delivery and transport. And the most sensitive data: 100% of those workers invoice as monotributistas or as self-employed, not as employees in an employment relationship. Zero employer contributions. Zero workers' compensation insurance (ART) contracted by the platform. Zero severance pay in case of termination. Zero paid vacation. Zero 13th-month salary (aguinaldo).
If those 150,000 workers were to switch to an employment regime tomorrow, the sector's labor costs would multiply by 2 or 2.5. That is why the issue is not trivial.
Contradictory rulings: the jurisprudential map as of 2026
Here comes the part that is hardest for any employer to digest: there is no single answer in the courts. Different labor courts in CABA and the provinces have ruled in opposite directions, and until the Supreme Court makes a definitive pronouncement, the situation remains one of uncertainty.
Rulings that recognized an employment relationship:
- In 2020, a CABA labor court recognized an employment relationship for a Rappi delivery person and ordered the company to pay severance for unjustified dismissal plus wage differences. The central argument: algorithmic control, de facto exclusivity, and the worker's economic dependence.
- In 2022, another chamber of the National Labor Appeals Court confirmed a first-instance ruling that recognized the employment relationship of a PedidosYa delivery person, ordering retroactive registration and payment of owed contributions.
- Cases promoted by the APPD against Rappi (known as Association of Digital Platform Personnel v. Rappi Arg. SAS re: precautionary measure) managed to obtain precautionary measures favorable to the union in different instances during 2020-2022, ordering the delivery of sanitary protection equipment in the context of the pandemic, de facto recognizing a labor link.
Rulings that validated the independent scheme:
- In 2021 and 2023, other courts rejected similar lawsuits, arguing that the worker retains the freedom to log in and out, that they can work for multiple platforms, and that the classic subordination of Art. 21 LCT was not proven.
- In an Uber case resolved by the commercial courts (not labor), it was held that the platform's activity is one of technological intermediation and not the provision of transport services, therefore the link with the driver would be civil/commercial and not labor.
What can one take from all this? That the result depends a lot on the judge, the specific case, and the evidence produced. When the delivery person manages to prove de facto exclusivity, long hours, strict algorithmic control, and economic dependence, they win. When they only prove that they had the app and made sporadic orders, they lose. Argentine jurisprudence, as in other matters, is case-by-case.
The position of the Ministry of Human Capital
At the administrative level, the position of the Ministry of Human Capital (which absorbed the functions of the former Ministry of Labor) during the Milei administration has been deliberately cautious. It has not issued a resolution defining whether platform workers are monotributistas or employees. The government's political line —deregulation, flexibilization, reduction of the burden on the employer— suggests that it will not push for a forced classification as an employment relationship. But it also did not issue a regulation to shield the platforms, because doing so would be politically costly and constitutionally questionable.
In practice, the Ministry's inspections of the sector are scarce and not very aggressive. The administrative fines that could be applied for unregistered work are, in this case, hardly applied because the Ministry (and the AFIP/ARCA itself) considers that the debate on classification must be resolved in the courts, not in administrative offices.
The APPD union is pushing in the opposite direction: it is calling for a specific law that recognizes minimum labor rights for platform workers, in line with the Spanish Rider Law (Royal Decree-Law 9/2021) or the European directive on digital platform work approved in 2024. But that law, in the Argentine Congress, has no file number with any real progress as of 2026.
A labor lawyer who advises several platforms told me at a roundtable in Buenos Aires: "The government does not want to close the debate because closing it in favor of the platforms would be politically unaffordable, and closing it in favor of the workers would destroy the business model. So they kick the can down the road, and in the meantime, each judge decides for themselves."
The Bases Law did NOT resolve the issue
Here is the biggest surprise. The Law 27.742 (Bases Law), promulgated in July 2024, modified dozens of articles of the Labor Contract Law, eliminated fines, extended the probationary period, created the optional severance fund, and simplified registration. But it did not include a single article on digital platform workers. No classification, no definition, no exception.
Why? Probably because doing so would open a political debate that the government did not want to have at that time. Touching the sector meant either shielding the platforms (unpopular) or recognizing rights for riders (politically costly due to business lobbying). The way out was not to legislate and let jurisprudence continue to decide case by case.
The result: as of 2026, the regime applicable to digital platforms remains the same as in 2018. There is no specific statute, no legal exception to the LCT, no mandatory classification as self-employed. Each lawsuit is decided using Arts. 21, 22, and 23 of the LCT and the concrete evidence of each case.
The concrete risk: Art. 30 LCT and joint liability
Here comes the part that matters most to companies that are not platforms but that contract services through them. The Art. 30 of the Labor Contract Law establishes the joint liability of the principal entrepreneur who assigns or contracts work corresponding to their normal and specific activity, regarding the labor and social security obligations of the contractor's workers.
Translated to the case of platforms: if your restaurant, supermarket, or pharmacy contracts Rappi or PedidosYa to deliver your products, and tomorrow a delivery person sues and the courts recognize the employment relationship with the platform, your company can be declared jointly liable for the worker's labor and social security debts.
This has happened. There are rulings where restaurants that sold through delivery apps were held jointly liable when the delivery person's disguised employment relationship with the platform was recognized. The judge's argument: delivery is part of the normal and specific activity of a business that sells food, it is not an accessory activity.
How to mitigate the risk:
- Contractual audit: review contracts with platforms and verify indemnity clauses. Most platforms contractually assume responsibility for their delivery people, but that clause between private parties cannot be opposed to the worker (who can sue whoever is convenient), although it is valid between the parties (the platform should reimburse you).
- Document the outsourcing: keep a clear record that the platform is an independent contractor, that it assumes the business risk, and that it organizes the service with its own means.
- Diversify suppliers: depending on a single platform for all delivery increases the risk that it will be interpreted as functional integration with your business.
- Consider your own delivery people: if the operation justifies it, hiring delivery people