La despersonalización del empleador como instrumento para el cumplimiento de las obligaciones laborales en caso de novación, incapacidad permanente o su muerte, en Guaranda, año 2021.
Labor law, having constitutional and guaranty aspects, seeks in application of its Tuitive character to protect above all the most vulnerable or feeble subject of the employment relationship (the worker), so that when in practice, either jurisdictional or administrative, there are legal gaps or issu...
Sábháilte in:
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| Formáid: | bachelorThesis |
| Teanga: | spa |
| Foilsithe / Cruthaithe: |
2022
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| Ábhair: | |
| Rochtain ar líne: | https://dspace.ueb.edu.ec/handle/123456789/4491 |
| Clibeanna: |
Cuir clib leis
Níl clibeanna ann, Bí ar an gcéad duine le clib a chur leis an taifead seo!
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Cuir clib leis | Achoimre: | Labor law, having constitutional and guaranty aspects, seeks in application of its Tuitive character to protect above all the most vulnerable or feeble subject of the employment relationship (the worker), so that when in practice, either jurisdictional or administrative, there are legal gaps or issues that the national legal system has not provided for, in order to make the pro-operative principle effective and therefore guarantee the exercise of the pro-homine principle, we must refer to the other formal sources of law. Sources such as the doctrine that in the case of Ecuadorian Labor Law have not made visible business aspects such as novation, incapacity or death of the employer and the change of business ownership. Circumstances that Ecuadorian legislation has not been able to cover satisfactorily either, which in the long term may result in the denaturalization of the labor guarantees of the productive force and the existence of a conflict between business freedom and its inherent attributions and the rights of the workers as recognized in the contract and in the Constitution. But, what happens when the State has not foreseen situations in which this protection of labor rights is not complied with because of novation, permanent disability or death of the employer? And the circumstances foreseen above converge and labor stability is affected. Aspects that have become the main object of this research in order to establish the doctrinal and jurisprudential institution of "the depersonalization of the employer" as an instrument to ensure compliance with the obligations in the practice of Ecuadorian labor law, correcting the change of business management or the lack of representatives or successors to continue with the labor activity and not transgressing the principle of continuity. For this purpose, a mixed approach with descriptive and explanatory scopes has been adequately selected; based on the bibliographic analysis, applying the analytical method that will allow to situate in a legal-objective way this institution of depersonalization omitted by the Ecuadorian legislator with a mechanism of compliance with labor rights and obligations, after having made visible and widely justified the studied phenomenon. |
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