The regulation of self-employment in Ecuador: regulatory gaps and challenges for effective inclusion in the social security system

Abstract

Self-employment in Ecuador is a labor modality of increasing socioeconomic importance; however, it faces persistent obstacles to its effective inclusion in the social security system. The objective of this study was to analyze the regulatory gaps in the regulation of self-employment and the challenges these generate for its incorporation into the Mandatory General Insurance, despite the constitutional recognition of the right to social security. The research was conducted using a qualitative, descriptive-analytical approach and a documentary methodology, based on a systematic review of national regulations, legal doctrine, and specialized studies. The search and selection of information was carried out in academic databases and institutional repositories, applying criteria of relevance, currency, and scientific rigor. The results showed that informal employment, income variability, the absence of a differentiated regime, and administrative complexity are determining factors of exclusion. Furthermore, it was identified that voluntary affiliation has not been sufficient to guarantee effective coverage for this group. It is concluded that the current design of the social security system is predominantly geared towards subordinate employment, creating a structural gap with respect to self-employment. The implementation of a specific system with flexible contribution mechanisms and incentives for formalization is proposed to guarantee the principle of universality and strengthen social protection.