La jubilación patronal: un derecho progresivo e igualitario para los trabajadores de los municipios de la provincia de Loja.
The present research project addresses, which has been done with a critical perspective, the right to employer retirement of the municipalities of the Province of Loja and the Provincial Government of Loja and its Public Company, a right that guarantees a monthly retirement pension for employees who...
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| Médium: | masterThesis |
| Jazyk: | spa |
| Vydáno: |
2024
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| Témata: | |
| On-line přístup: | https://dspace.unl.edu.ec/jspui/handle/123456789/29023 |
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Přidat tag | Shrnutí: | The present research project addresses, which has been done with a critical perspective, the right to employer retirement of the municipalities of the Province of Loja and the Provincial Government of Loja and its Public Company, a right that guarantees a monthly retirement pension for employees who fulfil with the requirements established by the Ecuadorian laws. However, the problematic arises in the Labor Code, paragraph 2, second paragraph, of article 216, a provision that excludes the municipalities and provincial councils of the country, allowing them, according to their judgment, to regulate employer retirement through the issuance of ordinances. Though, these institutions ignore the first paragraph of the aforementioned article 216, resulting in the ordinances not offering benefits greater than the minimum established in the legislation. In general terms, this research work seeks to carry out an exhaustive analysis of employer retirement, focusing on the municipal Decentralized Autonomous Governments of the province of Loja and the Provincial Government of Loja with its Public Company. The specific objectives contain the determination of the parameters and regulations used by the municipalities of Loja to calculate employer retirement pensions, the identification of possible effects on the rights of workers through these pensions and the proposal of guidelines consequently the municipalities align with the Labor Code The methodological approach is mainly qualitative, with dogmatic, legal and interpretive research methods of national and international regulations, in addition to the study of specialized and doctrinal literature that served to describe the theoretical and conceptual framework. Eventually, with the research technique referring to the study of four cases, a detailed overview of the divergent interpretations and applications of the legislation was evident, allowing the coherence and practical effects of held regulations to be evaluated. |
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