Análisis del contrato de prestación de servicio como una forma de simulación laboral

Abstract

This research project examines the use of service contracts as a form of labour simulation in Ecuador. Although this type of contract belongs to civil law, it is often used to cover permanent activities performed under a work schedule, subordination and direct control, which in practice correspond to an employment relationship. The main objective is to determine how service contracts are used to avoid recognising labour rights and what their main effects are on job stability, social security and decent work. The study follows a mixed approach: a documentary analysis of legislation, legal doctrine, academic articles and case law, and surveys applied to people hired under service contracts. The expected result is to provide criteria to identify when a service contract is distorted and to strengthen the protection of workers’ rights.