Legal analysis of hourly labor contracts in the Ecuadorian context

Abstract

Objective. Analyzing the topic of hourly labor contracts in the Ecuadorian context based on the government's proposal in the 2024 referendum and popular consultation. Methodology. Legal analysis of the topic of hourly labor contracts in the Ecuadorian context, which was based on a qualitative approach. An analysis of the problem was conducted based on a review of the literature. The technique of documentary analysis was used to examine and understand in detail the proposal to amend the Constitution of the Republic and reform the Labor Code in relation to fixed term and hourly employment contracts. It is concluded that there are gaps in the respective annex to question E of the 2024 referendum in Ecuador. Results. In relation to the legal and socioeconomic impact, the possibility of hiring by the hour and labor flexibility carries advantages and disadvantages. On the one hand, it allows workers to adjust to market variations and workers, such as students, to adapt their work schedules to their personal needs. However, this type of contracting can also increase job instability, reduce job security and harm workers' social protection. Conclusion. There are gaps in the respective annex to question E of the 2024 referendum in Ecuador. These gaps include issues such as the contribution to the IESS in this modality, the minimum and maximum times of working days, payments of utilities and tenths, as well as vacations and payments for night hours, holidays and weekends. Furthermore, the control mechanisms to prevent precariousness in the labor sector are not specified, nor is the cost of the hour/jobs differentiated by sector mentioned. These gaps make it difficult to have a generalized and specific vision in relation to the proposed amendment.