LA MEDIACIÓN EN MATERIA LABORAL VULNERA EL DERECHO A LA TUTELA JUDICIAL EFECTIVA

This thesis entitled: ̈THE MEDIATION IN VULNERABLE LABOR MATTERS THE RIGHT TO EFFECTIVE JUDICIAL GUARDIANSHIP ̈, a legal problem that deserves to be transformed to solve and overcome the socio-legal problem in article 555 of the Labor Code, which refers to the Directorates and Sub directorates of Labor Mediation, where they mention the functions that have been granted to them, how to develop and execute contact programs between employers and workers, through their respective agencies, aimed at achieving a better understanding between them; carry out mandatory mediation in accordance with the provisions of this Code; carry out mediation prior to any collective labor dispute; promote collective bargaining and make it an effective means for establishing better working and employment conditions; promote and tend to out-of-court treatment of collective disputes of work, which tends to approximate the positions of the parties; and, coordinate their functions and collaborate closely with the Regional Labor Directorates. The motivation is the need to implement a Department which opens an administrative file from which the Ombudsman's Office legally and effectively protects the worker's rights and that it is the sub directorate that issues the corresponding resolution without denigrates the worker in his / her work environment, given that what is expressed in the regulations does not support the competent authority, where due process is not violated so as not to violate the rights of the worker as mentioned in the Constitution of the Policy of the Republic of Ecuador, in its article that stipulates that everyone has the right to free access to justice and to effective, impartial and expeditious protection of their rights and interests, subject to the principles of immediacy and speed; in no case will he be left defenseless. Failure to comply with judicial decisions will be sanctioned by law. 5 Likewise, number 33 states that work is a right and a social duty, and an economic right, a source of personal fulfillment and the basis of the economy. The State shall guarantee workers full respect for their dignity, a decent life, fair wages and salaries, and the performance of a healthy and freely chosen or accepted job. Likewise, article 190 mentions that mediation is an alternative procedure for conflict resolution subject to the law, in matters that by their nature can be compromised. In public contracting, arbitration in law will proceed, after a favorable pronouncement by the State Attorney General's Office, in accordance with the conditions established by law. All this denotes that in our country there is a labor standard recognized in the Constitution that tends to protect the rights of the worker, and in this way enforce the obligations of the employer and be able to find a feasible solution.

• Autor principal: Malla Rengel, Bridget Karina (author)
• Formato: bachelorThesis
• Lenguaje: spa
• Publicado: 2021
• Materias: DERECHO; MEDIACIÓN MATERIA LABORAL
• Acceso en línea: https://dspace.unl.edu.ec/jspui/handle/123456789/23947