Regularización de trabajadores de plataformas digitales.

Abstract

The expansion of digital platforms has transformed the ways we work, generating new labor dynamics that challenge traditional legal frameworks. In Ecuador, thousands of people, such as drivers who deliver orders through apps like Rappi, among others, carry out daily activities under conditions that demonstrate subordination and economic dependence, but without legal recognition as workers. Although they must adhere to schedules, receive evaluations, and can be blocked for poor performance, they do not have an employment contract, IESS (Social Security Institute) affiliation, or minimum rights such as basic wages, vacation time, or tenths of wages. The platforms classify them as "independent collaborators," creating a legal vacuum and a violation of fundamental rights, disguised as job opportunities in the face of the crisis. This article analyzes the legal problem arising from this ambiguous classification, reviews the elements that constitute a hidden employment relationship, and proposes a regulatory reform that guarantees social protection, stability, and labor justice. It draws on constitutional principles, labor doctrine, and comparative law to argue the need to include the presumption of employment in the Labor Code, ensure mandatory affiliation with the social security system, and establish effective oversight mechanisms. The regularization of these workers is not only legally feasible but also urgent to prevent precariousness in the digital economy