La aplicación de la teoría de imprevisión en el régimen laboral ecuatoriano por causa del Covid 19.

Abstract In this investigative work, a meticulous study is carried out about the theory of unpredictability, such as its origins, antecedents, the theoretical bases that have served as the basis for it, explaining the legal clauses that are the pacta sunt servanda; rebus sic stantibus; Institutions of law such as fortuitous events and force majeure, as they have been treated in national and international legislation, in doctrine, in jurisprudence and all this related to the Ecuadorian labor regime, the rights and obligations that exist in a relationship of work, that is, in front of the employer and worker. Of course, a study is made about the feasibility of applying the theory of unpredictability in our country in the workplace, the causes for which the national government declared a state of exception that is caused by Covid-19, are studied. From this pandemic, the study carried out as a cause of unforeseenness in our contractual reality is based to answer some questions that arose throughout this investigation, such as answering whether the theory of unforeseenness is applied in the country, if there are cases with applicability of this theory and to establish the differences between the fortuitous event and force majeure against the unforeseen. Thus resulting in our inquiry that it is necessary to include this legal figure within the legal system in view of the pandemic reality that we are going through today. The hypothesis raised lies in the unknown: Does the theory of unpredictability affect the Ecuadorian labor regime because of the state of exception decreed because of Covid 19? In accordance with which we can say that the lack of foresight is not established in Ecuador as an applicable legal figure, therefore it would not affect the labor regime of our country. The study of this topic focuses on one of legislative analysis, doctrine, jurisprudence both at the national and international level, that is why the legal systems have been clearly studied, focusing on a dogmatic-legal investigation, which aims to Study of the legal norm, from the legal system, performing the comparative law technique, that is why this research lacks interviews, questionnaires or other research techniques since we only rely on normative analysis essentially of the formal sources of law. In this way we have been able to reach a general conclusion that the theory of unpredictability is not established in our legal system, therefore it would be feasible to modify the Labor Code so that this theory and revision can be complied with. of the stipulations of the employment relationship. Keywords: Covid 19, employer, force majeure, contractual relationship, worker, Unpredictable causes. Reviewed by: Lic. Yesenia Merino Uquillas ENGLISH PROFESSOR c.c. 0603819871

• 1. autor: Edgar Hernán, Herrera Avilés (author)
• Format: bachelorThesis
• Język: spa
• Wydane: 2021
• Hasła przedmiotowe: Causas imprevisibles; Covid 19; empleador; relación contractual
• Dostęp online: http://dspace.unach.edu.ec/handle/51000/7930