The constitutional right to work versus the delivery service through digital means

Abstract

The current global context has demonstrated the permanent and continuous evolution of technologies, as well as their use in different areas: socio-labour, cultural, political, and economic; this has generated, among other aspects, the development of digital platforms and other technological means that promote new forms of employment, which today degrade and do not recognise the labour rights of workers. Therefore, the objective of the study was to analyse the Constitutional Right to Work in the new form of digital employment of home delivery services. The methodology applied began with an exploratory, descriptive research, under a qualitative design, a review of the scientific literature was carried out, complemented with the analysis of the national and international legal framework and the application of the qualitative interview technique to study the case of Ecuador. The use of technology has boosted and increased informal employment in Ecuador, the work carried out by delivery workers through digital media does not recognise the constitutional guarantees of decent work, therefore, it is necessary the urgent intervention of the State through the legislative body to adapt labour regulations to these new forms of employment that currently violate all the labour rights of those who provide this service.