REFORMA AL CÓDIGO DE TRABAJO PARA GARANTIZAR EL PAGO DE LAS OBLIGACIONES DEL EMPLEADOR PARA CON EL TRABAJADOR EN EL PROCESO JUDICIAL PERMITIENDO IMPLEMENTAR MEDIDAS CAUTELARES AL INICIAR LA DEMANDA”
The research is the subject of this work that I put to the consideration of the National University of Loja and the general public arises from the need to analyze the problem titled "REFORM THE CODE OF WORK TO ENSURE PAYMENT OF OBLIGATIONS FOR EMPLOYER WITH WORKER IN THE JUDICIAL PROCESS, ALLOW...
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| Hovedforfatter: | |
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| Format: | bachelorThesis |
| Sprog: | spa |
| Udgivet: |
2016
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| Fag: | |
| Online adgang: | http://dspace.unl.edu.ec/jspui/handle/123456789/10177 |
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Tilføj Tag | Summary: | The research is the subject of this work that I put to the consideration of the National University of Loja and the general public arises from the need to analyze the problem titled "REFORM THE CODE OF WORK TO ENSURE PAYMENT OF OBLIGATIONS FOR EMPLOYER WITH WORKER IN THE JUDICIAL PROCESS, ALLOWING IMPLEMENTATION PRECAUTIONARY MEASURES TO START THE APPLICATION" born of a social problem that directly attacks the workers, since the Labour Code allows only obtain injunctive with conviction. In the Labor Code in Article 594 mentioned precautionary measures are: the prohibition, kidnapping, retention and the root, which when given alone with the conviction, in some cases do not meet the estimates are sought by workers who have been violated their rights and do not guarantee the fulfillment of the duties of the employer against the worker in a labor lawsuit. Precautionary Measures need a reform to allow better utilization in labor cases, it is why the research work was performed using inductive, deductive, analytical, historical, and by signing techniques, observation, survey and interview methods. It is necessary for the reform of the precautionary measures is in accordance with the principle of proportionality, which must be decision of the 5 judge to the best extent possible conflict situations, trying not to harm any of the parties, without losing sight of the objective of the precautionary measures. The current situation facing workers in the current Labour Code affects, in part, because their rights during the period of time devoted to labor cases causes a lack of confidence in the administration of justice, as well as lack of security, legal protection and violation Constitutional principles and rights should be allowed to obtain injunctions to file suit to ensure compliance with the obligations of the employer and the payment of stipends worker. Therefore this research is to emphasize the defense of workers' rights and the reform of the Labour Code, to ensure that the worker can apply the precautionary measures of a timely and proportional to their rights violated in conjunction with demand, hoping that someday have legal refuge, and become a reality. |
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