Derechos laborales y protección social de los trabajadores de plataformas digitales en el marco legal peruano, 2025

Abstract

This research aligns with Sustainable Development Goals (SDGs) 8 (Decent Work), 10 (Reduced Inequalities), and 9 (Industry and Innovation). The overall objective was to analyze how the exclusion of recognition of the employment relationship impacts the relationship between service providers and digital platform companies in Peru by 2025. Methodologically, the research is basic, qualitative, descriptive, and grounded theory in design, employing semi structured interviews with ten experts and document analysis using the triangulation method. The main findings demonstrate the existence of "algorithmic subordination," where control and disciplinary power are exercised through GPS tracking and ratings. A marked "technological alienation" was identified, given that the essential means of production is the digital infrastructure and not the worker's vehicle. It is concluded that the binary nature of the SDG... Decree No. 003-97-TR is outdated and insufficient, facilitating employer evasion that undermines workers by depriving them of social benefits and occupational safety and health protections. Finally, it is recommended that Congress reform the legislation to recognize algorithmic subordination and regulate digital transparency; and that the Ministry of Labor implement an automated social protection system for each service provided.