INCONGRUENCIA JURÍDICA ENTRE EL CÓDIGO DE TRABAJO Y LA LEY ORGÁNICA DE SERVICIO PÚBLICO CON RESPECTO AL PERMISO DEL CUIDADO DEL RECIÉN NACIDO PARA LA MADRE LACTANTE

The importance and significance of Socio-Legal issue inder the title “LEGAL INCONGRUITY CODE BETWEEN WORK ADN PUBLIC SERVICI ORGANIC LAW WITH RESPECT TO PERMIT THE NEWBORN CARE FOR MOTHER INFANT”, is mainly base don the weaknesses found in the Public Service Act in its Arte. 27 Literal c) and 33 refer “ motherhood, every public servant is entitled to a paid leave of twelve(12) weeks for the birth of their daughter or son, in case of multiple births the period will be extended for an additional ten days “the servants will be allowed for the care of the newborn for two hours a day for twelve months after they have completed their maternity leave”, while the Labour Code in its Art. 155 states that” during the twelve (12) months after delivery, the day of the nursing mother will last six (6) hours, in accordance with the need of the beneficiary. While a regulatory body extends the time for newborn care for twelve weeks or in place for three months, in the second dramatically decreasing this time, proving to be detrimental to those who have to rely on the Code Work. The Constitution recognizes in protecting the rights of the right to legal certainty, based on the observance of the Constitution and the coexistence of legal rules to be applied by the competent authorities. It is vital that consideration, reform and unify the labor Code in this case to the Public Service Act, because it involved rights such as formal and substantive equality and non-discrimination, and the right to security. It is necessary to harmonize the Labour Code to the Public Service Act, the requirements of the State Constitution, taking into account that Article 84 of the Constitution, it is the National Assembly and any body with regulatory powers to adapt formally and materially, the laws and other legal norms to the rights enshrined in the Constitution.

• Egile nagusia: Ortega Fierro, Germán Rodrigo (author)
• Formatua: bachelorThesis
• Hizkuntza: spa
• Argitaratua: 2015
• Gaiak: DERECHO; INCONGRUENCIA; RECIÉN NACIDO; SERVICIO PUBLICO
• Sarrera elektronikoa: http://dspace.unl.edu.ec/jspui/handle/123456789/10614