“El Fraude laboral y su incidencia en las sentencias del juicio individual de trabajo en la Unidad Judicial de trabajo de la ciudad de Riobamba en el período 2015-2016”
This research offers the reader a little discussed thematic within the Academy and the legislative area, this is part a problem that affects the labor rights of the workers, and this is that the Labor Code, by not typifying to labor fraud violates the rights of workers, Certainly this practice is us...
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| Autor principal: | |
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| Formato: | bachelorThesis |
| Idioma: | spa |
| Publicado em: |
2017
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| Assuntos: | |
| Acesso em linha: | http://dspace.unach.edu.ec/handle/51000/3765 |
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Adicionar Tag | Resumo: | This research offers the reader a little discussed thematic within the Academy and the legislative area, this is part a problem that affects the labor rights of the workers, and this is that the Labor Code, by not typifying to labor fraud violates the rights of workers, Certainly this practice is used by certain employers as a way of not paying the workers they have by law; Which is evidenced in many ways, the most common being to pass a civil relationship when in practice is a labor relationship under dependency, or when it is recorded on paper the payment of remuneration to workers, being in practice Canceled a value lower than that stated in writing, and that other times even the referred value was never canceled, etc. In any case, these practices which are common were addressed in the new constitutional framework established on 2008 in Montecristi, when article 327 established that simulation and fraud in the workplace should be sanctioned according to the law, but the problem arises, when the law to which the Constitution of the Republic refers does not say anything. In fact, the legislator forgot to include this legal-labor figure in the Integrated Organic Code or the Labor Code, so its practice does not have a clear framework to be sanctioned. In this regard, the problem has been addressed in academic endeavor by proposing that this practice be cirminalized in the Integrated Criminal Code. However, the author presents a novel and viable proposal that does not resemble what was expressed in previous research, so that labor fraud is sanctioned by establishing it with the compensation for untimely dismissal that the Labor Code has for the effect in Favor of the injured worker. This will allow them to guarantee their labor rights and enforce them based on the principle of primacy of reality |
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