Examinando por Materia "TRANSPORTE - LEGISLACIÓN"

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    Desafíos regulatorios de las plataformas digitales de transporte en Colombia en materia laboral : un análisis integral desde las diversas modalidades contractuales
    (Universidad EAFIT, 2024) Sánchez Cárdenas, María Catalina; Gómez Hernández, Wilmer Alexander; Aguirre Muñoz, Angélica María; Cortés Ramírez, Jairo Daniel
    Despite the undeniable impact of digital transportation platforms in global economies, they are facing a regulatory dilemma due to the regulatory void and absence of clear rules that regulate the relationship between the two sides of the relationship (platform owners and transporters). This situation becomes especially evident in contexts such as the Colombian context, where so far there is no legal framework that specifically regulates such interactions. The reason for the above could be attributed to the fact that the transportation services offered through these platforms seem to escape the traditional categories of employment contract or personal service provision. This presents a considerable challenge when defining the type of relationship existing between the parties involved, a crucial aspect to determine which would be the conditions that guarantee the protection of the rights of these collaborators. In this order of ideas, this study will analyze, first, the panorama of digital transportation platforms in Colombia, that is, their functioning and operation in the Colombian market, as well as the contractual figures that emerge from them or that may be applicable; the positions of the different Government institutions regarding their regulation; the considerations made by international entities and the developments on these platforms in countries such as Spain, the United States and Chile; the presentation of the perception of the people who provide their services through these platforms and, finally, the conclusions resulting from the analysis will be presented, as well as the proposals to solve the problems mentioned.