Gig economy in latin america and its legal implications

Abstract

The gig economy, or on-demand economy, is a phenomenon that has emerged through digital platforms and presents legal gaps that require regulation in Latin America, especially in Brazil and Colombia. These countries have thoroughly studied the issue and have generated debates through legislative projects, although regulations have not yet been implemented. Platform economy, on-demand economy, and gig economy are interconnected. The main groups in this economy are platform workers, the digital platforms themselves, and consumers, who are considered autonomous, implying that they must bear the costs related to social security, insurance, health, and retirement. Digital platforms act as intermediaries, connecting workers and consumers. However, there is debate about whether these platforms are truly intermediaries or should be considered employers, as they do not provide social security or protection. Consumers are the ones who pay for the services provided through these platforms. It is necessary to analyse this phenomenon from an economic, social, and legal perspective. The proposed bills in Argentina, Chile, Colombia, Mexico, and Brazil address the regulation of the gig economy. These countries share the challenge of regularization of workers, although they focus on specific aspects such as health, insurance, retirement plans, and access to information. Additionally, it is important to address the issue of big data, as worker and consumer information is hidden and may be used to benefit digital platforms at the expense of user privacy