Labor law and gig Economy: Protection of digital platform workers in Latin America

José Alexander Velásquez Ochoa
Universidad Autónoma de Perú, Panamericana Sur Km. 16.3, Villa El Salvador, Lima, Perú

David Alberto García-Arango
Universidad Autónoma de Perú, Panamericana Sur Km. 16.3, Villa El Salvador, Lima, Perú

Luis Fernando Garcés Giraldo
Escuela de Posgrado, Universidad Continental, Miraflores 15046, Lima, Perú.

Marcela Giraldo Giraldo
Tecnológico de Antioquia, Calle 78B # 72A - 220, Robledo, Medellín, Antioquia, Colombia

Jose Alban Londoño
Tecnológico de Antioquia, Calle 78B # 72A - 220, Robledo, Medellín, Antioquia, Colombia

Abstract

The digital platform economy is revolutionizing labor relations in Latin America, generating tensions regarding operational freedom and the need to protect fundamental rights. This article investigates the legal norms related to the protection of workers on digital platforms in eight Latin American countries, reviewing relevant legislation, regulatory proposals, and case law from 2021 to 2026. Our methods were mixed: we conducted a literature search in Scopus and Web of Science. In Science , we analyzed international sources using statistical analysis and applied econometric modeling (panel regression with fixed effects). The results reveal significant policy fragmentation in regulations: Chile and Uruguay have distinct regulatory environments that differentiate between dependent and independent workers, while Brazil, Argentina, Colombia, and Mexico still present a legal vacuum surrounding a variety of laws that have prevented workers from enjoying labor protections and social security. An additional quantitative study revealed that only 55% of platform workers in Argentina contribute to social security, and 96.3% in Ecuador demand specific legal recognition. The panel regression analysis indicated a negative relationship between platform penetration and the Gini coefficient and the potential for its complex redistributive effect. The three regulatory designs were divided into specific statutory sectoral regulations, case-by-case judicial recognition, and hybrid legislation. These gaps involve exclusion from social security, lack of protection for workplace accidents, working hours that exceed legal limits, and power differentials through a process of algorithmic mediation. The authors of this article argue that the regional regulatory system should not only be flexible in that it maintains minimum guarantees of social protection, but also recognize common protections of collective rights and algorithmic transparency.

Keywords: Gig economy ,, labor law ,digital platforms ,social protection ,Latin America