Aspectos jurídicos de la relación entre trabajadores y empresas de economía colaborativa en Ecuador.

Abstract

The purpose of this thesis is to examine the legal aspects of the relationship between workers and collaborative economy companies in Ecuador. The study reveals a complex reality where the legal link between digital platform workers and the companies managing them is in a legal limbo, necessitating legislative intervention. The hybrid nature of this labor relationship, which combines operational autonomy with economic dependence and algorithmic control, challenges traditional categories of Ecuadorian labor law. This ambiguity has led to job insecurity, depriving workers of fundamental protections. Analyzing international case law, especially from Spain and Chile, provides valuable lessons for Ecuador, highlighting the need for specific regulations that recognize the uniqueness of the collaborative economy without sacrificing fundamental labor rights. The research proposes developing an innovative regulatory framework that balances the flexibility of the gig economy with necessary social protection. It suggests creating a new labor category, the "Dependent Autonomous Digital Worker," and implementing oversight mechanisms for digital platforms.