Abstract

PALOMO VELEZ, Rodrigo; CONTRERAS VASQUEZ, Pablo; JOFRE BUSTOS, María Soledad  and  SIERRA HERRERO, Alfredo. Debate About the Labor of Work Through Digital Platforms in Chile and some Connected Problems. Rev. latinoam. derecho soc [online]. 2022, n.35, pp.59-99.  Epub Feb 07, 2023. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2022.35.17272.

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.

Keywords : Platforms; labor; safety and health at work; data protection.

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