Necesidad de reformar el art. 42 numeral 30 del código del trabajo en relación a la calamidad doméstica y licencia con remuneración completa del trabajador.

The development of this research study of the Public Service Law provides the best benefit to pay licensing cases of domestic calamity, the Labor Code to employees covered by this standard. Within this study examines the licensing payment in case of domestic calamity of civil servants , are better than the permissions of workers and different forms of calamity is specified, the Labour Code provides for the death of a spouse or relatives of the second degree of consanguinity and affinity , leading to non- discrimination and equality before the law. The Organic Law of the Public Service determines that domestic calamity is death, accident or serious illness of a spouse or partner, parent or child of a public servant, cases in which the highest authority, its delegate or Management Units Human Resource, shall grant leave with pay for up to eight days. In cases of death, injury or serious illness of relatives to the fourth degree of consanguinity or second of affinity than the parent or the children of public servants, shall be entitled to leave with pay for up to three days. The Labor Code grants three days leave with full pay to the employee in case of death of a spouse or relatives within the second degree of consanguinity or affinity. This is a big difference, because public servant have greater permissions with workers compensation. This violates the principle of equality enshrined in the Constitution of the Republic of Ecuador. There is no difference in law between citizens from social conditions, as well a law may be unconstitutional if it distinguishes between people on the other grounds of discrimination, the fact that public servants governed by the Public Service Law have greater permissions that workers who are under the protection of the Labor Code, this being an implicit conditional fact, the legislator should try just as the substantially similar cases.

• Tác giả chính: Moncayo Guarnizo, Benito (author)
• Định dạng: bachelorThesis
• Ngôn ngữ: spa
• Được phát hành: 2014
• Truy cập trực tuyến: http://dspace.unl.edu.ec/jspui/handle/123456789/16145