Entre la flexibilidad y la rigidez: la transformación de la jornada laboral en la región andina entre 2006 y 2017

Abstract

Between Labour Market Flexibility and Rigidity: The Transformation of the Working-Time in the Andean Region, from 2006 to 2017. The main purpose of this investigation is to achieve a comparative analysis of the reforms done to working-time, from 2006 to 2017, applied specifically to Ecuador, Peru, Colombia and Bolivia. Taking into account, that countries in the Andean region, have both flexible and rigid regimes, the problem arises when the law becomes a static entity incapable of growth and development. It is absolutely necessary to determine, how much the working-time institution has developed in these countries in the mentioned period of time; and in addition, we will be able to establish if the ideological perspectives of each government have had a determining role in the instituting of either a flexible or rigid system. So far what we know about this topic, is that countries with a left oriented political ideology, tend to favor the working-class; while on the other hand, governments with right-wing parties, are inclined towards flexible regimes that favor the employer. This investigation will provide a number of characteristics, modifications, trends, similarities and differences, between the countries in the development of their labour legal structure regarding the working-time. In order to achieve this, the approach that we will implement has a qualitative comparative law method and a socio-legal analysis. Also, the systematization of the information collected from the legal systems of each country, will be organized through matrix tables. This research allows us to arrive to a couple conclusions; first of all, the regulations and reforms analyzed, do not show a substantial progress when it comes to work time. We may add that the reforms and policies applied; whether if it’s rigid or flexible regime, haven’t improve the percentages of unemployment, underemployment and informality. It is important to mention that not in all cases the reforms or policies are aligned with the political ideologies of the current government of the time; presenting numerous inconsistences specially when it comes to left oriented politic parties, that usually benefit the working class. The project has a very important academic contribution, which gathers, condenses and classifies information regarding the reforms of the working-time in these 4 countries, throughout a detailed characterization. It can become a great and relevant source of information, that enables new investigations and theories, about the future dynamics of work law.