Análisis jurídico de la informalidad laboral y las consecuencias jurídicas de la falta de afiliación a la seguridad social en el sector informal, en el cantón Guaranda, año 2024.

Labor informality has become social problem, stemming from the absence of a formal employment relationship; which inhibits the worker from enjoying a contract, affiliation to social security, and salaries and benefits established in the Labor Code, as well as in the Conventions of the International Labor Organization, the Universal Declaration of Human Right, and the Internacional Covenant on Economic, Social, and Cultural Rights. In this situation, informality brings with it legal challenges that translate into social unprotectedness; affecting workers by leaving them outside the contributory system, for benefits such as health, pensions, and occupational hazards. On the other hand, and opening up the panorama a little, the impact is not only for the worker himself, but also undermines the financing of the fiscal and social security system, since it is susceptible to tax evasion by small informal companies, since in the generality of cases, these relationships are not documented, harming the internal economy. Under this context, the legal consequences within the informal sector are complex and of great impact for a significant percentage of the economically active population, since they cannot access health coverage, pensions, accident expenses, etc., being unprotected due to the lack of social security. For is part, the State has the mandatory responsibility to design measures or programs that promote work and therefore affiliation to social security, since it is a constitutional and public order right, where the structure of the system is complemented: The State requires contributions from workers to boost the economy and, in turn, workers need to have that support that helps them improve their quality of life. The State, through the government in power, must focus on restoring confidence in its institutions, including the Ecuadorian Social Security Institute; in order for those who are in informality to contribute to social protection services, breaking down barriers such as high contribution costs, ignorance of the benefits of affiliation, and the uncertainty caused by the deficiency in the administration and control of the system. Informality, in addition to being an economic phenomenon, is a legal and social problem that affects the balance and sustainability of the system. In the case of the Guaranda canton, informal employment affects a significant portion of its inhabitants, who engage in self-employment, temporary work, or contract work, causing instability in family income and, consequently, poverty and vulnerability.

• Main Author: Martínez Samaniego María Grazzia (author)
• Format: bachelorThesis
• Published: 2025
• Subjects: INFORMALIDAD LABORAL; SEGURIDAD SOCIAL; DESEMPLEO; ECONOMÍA INFORMAL; POLÍTICAS PÚBLICAS; CANTÓN GUARANDA.
• Online Access: https://dspace.ueb.edu.ec/handle/123456789/8791