IMPRESCRIPTIBILIDAD DE LA ACCIÓN EN CONFLICTOS INDIVIDUALES DE TRABAJO POR JUBILACIÓN PATRONAL

This thesis concerns: "Applicability of action in individual labor disputes by employer retirement", this thesis is the result of the analysis to the Constitution of the Republic of Ecuador guaranteed to work right to be inalienable and intangible. Will void any stipulation to the contrary. In Art. 34 of the Constitution stipulates the right to social security is an inalienable right of all people, and will be paramount duty and responsibility of the State. . By analyzing the Art 635 of the Labour Code, found regarding the limitation of actions arising from acts or contracts, prescribing; The shares resulting from the acts and contracts prescribe in three years from the termination of the employment relationship. In Art. 637 of the Criminal Code stipulates the requirement of three years or more is suspended and stops in accordance with the rules of civil law; but five years after the obligation became due, it is no reason for suspension will be accepted and any action be declared prescribed. When allowed to prescribe the action has a labor demand individual employment contract would violate fundamental rights of workers. The right to the applicability of action to employers worker retirement are based on the social nature of this right and injustice that would result of depriving the employee who has worked at least twenty five years at the same company, the right to paid leave definite that has conquered after such a long period, so estimate the exception of the prescription of such right arises only in regard to pensions left to collect from the conclusion of the employment relationship; but not the right to retirement; that being a supply chain of title and for life, does not 5 prescribe as to right itself, subsisting, therefore, on all post their demand pensions. The theoretical, legal and doctrinal gathering, conducting surveys and interviews yielded widely recognized criteria clear and precise rationale, bibliography, which contributed to the verification of the objectives and the testing of the hypothesis concerning this practice; both the Constitution of the Republic of Ecuador, like other labor and social security laws that criminalize the prescription of action in labor disputes by employer retirement.

• Hlavní autor: PINEDA LLANES, DIANA MARISOL (author)
• Médium: bachelorThesis
• Jazyk: spa
• Vydáno: 2016
• Témata: DERECHO; CONFLICTOS INDIVIDUALES; JUBILACIÓN PATRONAL; SEGURIDAD SOCIAL
• On-line přístup: http://dspace.unl.edu.ec/jspui/handle/123456789/11886