Análisis de la ley del futbolista profesional en Ecuador y su protección a los derechos laborales

Abstract

This research aims to examine the Professional Footballers Act in Ecuador, in force since 1994, to assess its effectiveness in guaranteeing players' labor rights in light of the evolution of the sport and international regulatory frameworks. The main issue identified is the lack of updates to this legislation, which has resulted in legal loopholes and potential violations in key areas, including hiring, wages, transfers, and social security. The study was conducted using a qualitative methodology and a comparative legal approach, based on doctrinal analysis, a review of national and international regulations, and relevant case law. The Ecuadorian experience was also compared with legal models from countries such as Spain, Argentina, and Chile, as well as with the provisions established by FIFA. The results show that, while in other contexts the employment relationship between soccer players and clubs is explicitly recognized, in Ecuador, a partial framework persists that delegates functions to private entities such as the Ecuadorian Soccer Federation. This limits the effective guarantee of rights and reveals shortcomings in areas such as the protection of minors, contractual stability, and coverage for injuries or salary delays. In conclusion, there is a need for comprehensive reform to align Ecuadorian legislation with international standards and strengthen the protection of professional soccer players.