VULNERACIÓN LABORAL POR LA INDETERMINACIÓN DE LA DEPENDENCIA EN EL ARRENDAMIENTO DE SERVICIOS INMATERIALES

Abstract

Labor secrecy is a problem affecting workers today, especially those who provide their services through civil contracts such as the intangible service leasing contract. There are ambiguities and similarities in the wording of this contract and its labor counterpart that create a problem of indeterminacy of dependency, the sine qua non requirement that activates Labor Law along with all the protection mechanisms for workers. The main objective of this academic article was to demonstrate the existence of this legal imprecision, as well as the way in which it violates labor rights, using the methodology of legal hermeneutics along with a dynamic thematic analysis that demonstrates both the disjunction of both spheres of law and their juxtapositions, corroborating that, evidently, indeterminacy exists, and that this entails serious violations of constitutional rights as well as the labor rights of workers, contributing to the secrecy and simulations that undermine the current work reality that exists in Ecuador today.