Labor Rights in part-time Employment Contracts in Latin America: Guarantees and Exclusions

Abstract

This article critically examines the regulation of part-time work in Latin America, with particular attention to the cases of Uruguay, Peru, Colombia, and Mexico. From a comparative legal perspective, grounded in the principles of labor law, it analyzes how different regulatory frameworks reflect tensions between economic flexibility and the universality of labor rights. It further assesses the guarantees and exclusions within these frameworks, and whether fundamental rights—such as paid leave, social security, and severance pay—are affected. The comparative analysis of relevant doctrine and legal provisions shows that the principle of proportionality constitutes the most appropriate basis for balancing flexibility and protection, as it helps prevent regressions in labor protection. There is a need to harmonize national legislation with international standards through the ratification of ILO Convention No. 175 and the elimination of discriminatory thresholds restricting access to social benefits.