Análisis jurídico del caso de la Cervecería Nacional CN S.A. en relación a la demanda presentada por los ex trabajadores
Outsourcing and labor intermediation are tools that help both employers and employees. On the one hand they help employers increase their productivity. On the other hand, they create new jobs. In Ecuador before the passage of Constitutional Mandate No. 8 it was legal to acquire rights and obligation...
Na minha lista:
| Autor principal: | |
|---|---|
| Formato: | bachelorThesis |
| Idioma: | spa |
| Publicado em: |
2013
|
| Assuntos: | |
| Acesso em linha: | http://dspace.udla.edu.ec/handle/33000/106 |
| Tags: |
Adicionar Tag
Sem tags, seja o primeiro a adicionar uma tag!
|
Adicionar Tag | Resumo: | Outsourcing and labor intermediation are tools that help both employers and employees. On the one hand they help employers increase their productivity. On the other hand, they create new jobs. In Ecuador before the passage of Constitutional Mandate No. 8 it was legal to acquire rights and obligations using the legal figures of outsourcing and labor intermediation. With the passage of Constitutional Mandate No. 8 outsourcing and labor market intermediation were eliminated as legal figures from our legislation because they were considered to be a form of labor precarization. As a consequence of Constitutional Mandate No. 8 many companies that contracted and provided these services were negatively affected since this mandate established that all labor contracts between employer and employee had to be direct and bilateral. Cervecería Nacional CN S.A. is an example of one of the companies negatively affected by Constitutional Mandate No. 8. Before the elimination of outsourcing Cervecería Nacional contracted for services from outsourcing companies. When outsourcing was eliminated the ex-employees of these outsourcing companies alleged that the companies had not fulfilled their labor obligations. The exemployees of the outsourcing companies sued Cervecería Nacional claiming that it had to bear responsibility on behalf of the outsourcing companies. The judges that heard the suit ruled that Cervecería Nacional had to fulfill these labor obligations, instead of the outsourcing companies. This means that the Judge applied Constitutional Mandate No. 8 in a retroactive manner, disavowing the legality of outsourcing before the passage of this mandate and exonerating the outsourcing companies from their legally acquired rights and obligations. Applying the law retroactively is dangerous because it not only undermines the rule of law, but can also disavow rights and obligations that at their time were legally acquired. |
|---|