Análisis jurídico del desahucio en personas con enfermedades catastróficas en la ciudad de Tena
ASTRACC Overcoming and suffering a catastrophic disease is often devastating news for any person because it almost always results in an incurable disease; in the same way, these diseases are distinguished by their high and expensive economic cost since they demand several types of care and special,...
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Format: | bachelorThesis |
Idioma: | spa |
Publicat: |
2024
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Matèries: | |
Accés en línia: | https://dspace.uniandes.edu.ec/handle/123456789/18867 |
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Sumari: | ASTRACC Overcoming and suffering a catastrophic disease is often devastating news for any person because it almost always results in an incurable disease; in the same way, these diseases are distinguished by their high and expensive economic cost since they demand several types of care and special, routine medical treatments due to the high risk of the person who is suffering the disease, considering that they also affect the emotional, physical, and work aspect causing deterioration in life quality of the patients and their families. Currently, actions and policies carried out and established by both the Constitution and the Labor Code have allowed people who suffer any catastrophic disease to enjoy special protection which is differentiated in both the work and social environment because their condition is a double vulnerability, and it allows them to access better and optimal conditions for a better life quality. Notwithstanding the above, regarding the labor environment, there are still legal loopholes specially in the Labor Code that does not protect the workers who suffer certain catastrophic diseases since they are sometimes the target of multiple discriminations putting at risk not only their health but their labor stability, too; on the other hand, regarding this topic, this Code establishes the ways to end a work contract in which eviction is one of them, which allows both the employer and the employee to make voluntary agreements to avoid labor conflicts or untimely dismissals. Therefore, it is necessary to implement a labor reform that allows employers to be able to voluntarily terminate their labor contract because they are suffering a catastrophic disease since it affects physical and emotional health of people causing their work performance to be affected, given that a sound and healthy employer is not the same as an ill employer; for this reason, several employers choose to resign and fully dedicate themselves to recover their health without resulting in a cause for their rights and labor guarantees not to be respected and to receive corresponding compensations that law grants them for their double vulnerability condition. |
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