EL DEBATE SOBRE LA LABORALIDAD DEL TRABAJO VÍA PLATAFORMAS DIGITALES EN CHILE Y ALGUNOS PROBLEMAS CONEXOS

Translated title of the contribution: DEBATE ABOUT THE LABOR OF WORK THROUGH DIGITAL PLATFORMS IN CHILE AND SOME CONNECTED PROBLEMS

Rodrigo Palomo Vélez, Pablo Contreras Vásquez, María Soledad Jofré Bustos, Alfredo Sierra Herrero

Research output: Contribution to journalArticlepeer-review

2 Scopus citations

Abstract

This paper pretends to asset the juridical problems set up by the work on digital platforms regarding the Chilean case, about the definition of the labor relation-identifying criterion and the protection required. There is no glimpse of a juridical category gifted of better attributes than subordination to delimit the scope of labor law. What should be redefined is their techniques and specific characteristics, aiming to be adapted to the new work realities, as the one provided through a digital platform. Indeed, it is possible to find different common patterns that point out to labor, through a reinterpretation of the functional notion of subordination: incentives to keep high percentages of approval for the services, control via GPS, algorithms, and other digital tools for performance control, among others. ADDITIONALLY, it is necessary to formulate new juridical categories that allow, on the one hand, projecting specific juridical protections viable in our normative system, particularly fragile regarding labor and social protection, and on the other, to provide juridical certainty to these new forms of work, making the applicable distinctions. IT is about an explicative type of investigation, which assumed the methodological pluralism as a formula to submit the validation to the presented hypothesis that has been concretized mainly through bibliographical discussion, normative exegesis, and jurisprudence analysis.

Translated title of the contributionDEBATE ABOUT THE LABOR OF WORK THROUGH DIGITAL PLATFORMS IN CHILE AND SOME CONNECTED PROBLEMS
Original languageSpanish
Pages (from-to)59-99
Number of pages41
JournalRevista Latinoamericana de Derecho Social
Volume35
DOIs
StatePublished - 1 Jul 2022
Externally publishedYes

Bibliographical note

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© 2022 Universidad Nacional Autonoma de Mexico, Instituto de Astronomia. All rights reserved.

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