La indebida aplicación de los contratos de prestación de servicios como medios para la explotación laboral en el contexto actual ecuatoriano.

Abstract

In Ecuador, there are numerous employment contracts that enable the hiring and performance of professionals in specific fields. These contracts grant rights upon their execution in accordance with the country’s current regulations. Among these contracts are service provision contracts related to the execution of a specific project. Within these contracts, certain flaws establish labor violations of workers' rights. To date, there is no regulation regarding how workers performing certain tasks should be protected. Through an analytical study and qualitative methodology, the research identifies the violation of labor rights and proposes professional prevention measures to defend and enforce these rights across various employment sectors where workers are hired. Additionally, emphasis is placed on the application of international and local regulations to determine the rights violated under these types of contracts. Several solutions and recommendations are presented to prevent labor rights violations based on the implementation of international regulations that could serve as a precedent in our legal framework to protect the rights of those considered the weaker party in the employment relationship—particularly those who lack any stipulation within Ecuador's legal system.