Between algorithms and rights: platform work and labor disempowerment in Latin America

Abstract

 Platform-based work has transformed traditional forms of employment, generating new challenges for labor law. This study aims to critically analyze the link between the expansion of digitally mediated work through applications and the absence of minimum labor guarantees from a labor law perspective focused on Latin America. A qualitative methodology was employed, utilizing a documentary design and interpretive analysis of normative, doctrinal, and empirical sources, including scientific articles and international reports. The findings revealed that most platform workers are excluded from social security systems and legal protections due to ambiguous contractual classifications that define themas independent contractors, despite presenting clear indicators of subordination, continuity, and dependence. Forms of algorithmic control, lack of collective representation, and regulatory gaps were identified, all of which deepen labor precariousness. The discussion concluded that it is necessary to apply the classical principles of labor law—such as the primacy of reality, non-waivability, and protection—to these new digital forms of employment. Finally, normative guidelines were proposed to guarantee fundamental rights, promote algorithmic transparency, and adapt labor regulation to the transformations of the digital world of work.