La vulneración de las plataformas digitales a la naturaleza del contrato de trabajo.

Abstract

The present thesis will cover the detailed study of the legal relationship that is formed from the use of digital platforms and their collaborators, understanding the latter as a new mechanism of performance, shipping and delivery of goods/merchandise, perhaps even the transportation of people and considering the fact that these in actuality, don’t necessarily form an employer-employee bond. It is throughout that analysis of Ecuadorian legislation, premises of jurisprudence, doctrine and other sources of law, regarding labor law, I intend to define the type of legal relationship of performance that they lie out, and to overall resolve the legal problem at hand, considering it as a simulation of a legal bond complying with all of its prerequisites; it is a concept that has been controversial and potentially denied by the legislative and executive branch of our country in the past two decades, which is the reason I shall conclude by proposing a regulatory framework applicable to these certain contracts as a mechanism to eradicate the evasion of employer responsibilities in order to protect workers’ rights in Ecuador.