A Spanish YouTuber is suing Google Spain, a unit of Alphabet Inc , for wrongful dismissal in a case that could set a precedent for content creators' labour rights, Spanish union UGT said on Thursday.
IIRC the test for being an employee, is having the employer at least controlling the employee's schedule, if not providing all the resources to realize the work.
Not sure about their exact contract with YouTube, but I don't think it might be applicable to a media producer publishing at their own pace by whichever own means they want.
IIRC the test for being an employee, is having the employer at least controlling the employee’s schedule
No that's "a" test, it's not "the" test. And you don't have to pass all of the tests.
A perfect example is the CEO of a company. They control their own schedule. They are still employees... and in most of the world you need a reason to fire them.
A CEO's schedule is controlled by the board, that's why they're an employee.
It often happens that a CEO is also the chair of the board, so they can control the CEO (themself) themselves, but legally those are separate functions.
Google does put pressure on delivery though, it sends notifications like oh you haven't posted today, that's not good and might mean you show up lower on searches.
I don't think it's enough myself but they are extremely controlling and I can see someone could want to argue it out.