Gaceta Laboral

Labor regulation for digital platforms in Chile: Description of Law 21.431

2024-09-04T18:49:35+00:00

This article presents the main aspects of Law No. 21,431 that modifies the Labor Code, regulating the contract of workers of companies of digital service platforms, adding in the aforementioned code chapter X called “Of Labor through digital platforms of services”. The main objectives of the bill were: to create an innovative regulatory framework to adequately protect the people who make use of these platforms for work, which until then were outside the labor legislation; Recognize that the people who use the digital service platforms are workers, whether dependent or independent, with the rights and obligations that this implies and; make the due protection of workers on digital service platforms compatible with job creation and the development of new technologies. The methodological approach used is of a qualitative nature, and its research design presents an exploratory scope - descriptive, non-experimental, transactional, making use of secondary documentation and applying an interpretative analysis. In addition, the article reviews concepts such as the platform economy, globalization, reflexive modernization, risk society, and job insecurity, in order to open a debate and put Law 21,431 in context.

Promotion of Safety and Health at Work: The Venezuelan case

2024-09-04T19:05:19+00:00

The objective of this article is to identify the aspects of promoting safety and health in the workplace upon regarding the new appearance of the matter as a fundamental right, in accordance with the resolution at the 110th International Labor Conference of the ILO dated June 10, 2022, whose decision obliges the Member States to commit to, respect and promote a safe and healthy work environment, whether or not they have ratified the corresponding Conventions, and the Venezuelan reference; along with the bases that support such regulation, based on international standards on the matter. The type of research is applied, documentary and descriptive, with bibliographic documentary design, under the technique of documentary analysis. In this order of ideas, the problem of safety and health at work requires the implementation and implementation of coherent policies, with a collective approach, of an interdisciplinary nature, which manages to delimit, given the complexity of the subject, the risks within the area. , proceeding to its eradication and fulfilling a vital mission that is none other than to inform workers and employers under strict training, regarding the prevention of risks within the labor area, both in times of crisis and in the face of future emergencies. and challenges, projecting itself in support of business survival and continuity as a preponderant factor in economic reactivation and recovery after times of COVID-19 and unexpected global political changes.

Legal comparison of public and private employment in Ecuador

2024-09-04T19:17:21+00:00

The objective of the research is to compare the legal regime of public and private employment in Ecuador, which is why it is approached with the descriptive-documentary research strategy, supported by the analytical method. Obtaining information meets criteria such as: Constitutional, legal, doctrinal, newspapers. Being necessary an understanding of the issue referring to the two different regimes that are typified in terms of the enjoyment of fundamental labor rights regarding strikes and vacations between the public and private sectors in Ecuadorian legislation and in international instruments signed by the Republic of Ecuador. It is concluded that it is up to the Republic of Ecuador to weigh and consolidate rights in a harmonious manner for all citizens. Likewise, the vacation regime in the public sector is much more advantageous than that applicable to the private sector, which generates a clear distinction between sectors of workers.

¿Se pierde la inamovilidad laboral al recibir prestaciones sociales?

2024-09-04T19:30:08+00:00

1. ¿Cuándo legalmente se deben pagar las prestaciones sociales del trabajador?
Las prestaciones sociales por el servicio prestado por el laborante, solo se pagan así: Parcialmente, por permitirlo la propia legislación sustantiva como anticipo de prestaciones sociales; totalmente: Con la finalización de la prestación de servicios, sustitución de patrono –artículo 69 y 70 Ley Orgánica del Trabajo, los Trabajadores y las Trabajadoras1–, despido injustificado, finalización de la relación de trabajo, como veremos infra.