The protection of self-employment in the activity of drivers with digital applications in Ecuador (Review)

Abstract

The operation and innovation of digital platforms and their influence in the labor sector is gaining significance in Ecuadorian labor legislation, given that it requires Ecuador to transform this legislation as there are activities that have not been regulated and that exist in practical life. Thus, one type of benefit is that self-employment must also be regulated and guaranteed as dependent work, since many times self-employment exceeds the limits of dependent work that adheres to a fixed work schedule and guarantees many rights established in the Labor Code. For this reason, the present research aims to determine whether self-employment guarantees the same rights as dependent work in direct relation to Labor Law. To achieve this goal, a mixed-method approach is applied, starting with a qualitative study followed by a quantitative approach. Through the application of research instruments, the main result obtained was that most of these types of workers adapt their working hours to their personal and family needs. However, they face serious difficulties such as instability regarding their income, the lack of labor benefits such as social security in terms of healthcare, retirement, reserve funds, unemployment, and extensive and irregular working days and hours in relation to fundamental rights. This leads to the conclusion that a reform in labor regulations is urgently needed in the Ecuadorian state.