Reformas al art. 621 del código del trabajo para judicializar el visto bueno y su procedimiento
The argument I made in the form of research refers to the need to reform the Labour Code because it has not developed the constitutional principle of jurisdictional unity by not allowing the approval is known for Labour Judges and not by the Labour inspectors are public servants belonging to the Exe...
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| 格式: | bachelorThesis |
| 语言: | spa |
| 出版: |
2016
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| 主题: | |
| 在线阅读: | http://dspace.unl.edu.ec/jspui/handle/123456789/10767 |
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添加标签 | 总结: | The argument I made in the form of research refers to the need to reform the Labour Code because it has not developed the constitutional principle of jurisdictional unity by not allowing the approval is known for Labour Judges and not by the Labour inspectors are public servants belonging to the Executive and within its powers function is not precisely that of administering justice and resolving disputes, but its supervision comply with the rules governing ministerial work. The Constitution of the Republic of Ecuador in the Nral. 6 Art. 168 states that "The conduct of the proceedings in all subjects, bodies, steps and measures will be carried out by the oral system in accordance with the principles of concentration, contradiction and device." However, when analyzing Article 621 of the Labour Code which states: "The inspector receives a request aimed to terminate an employment contract by one of the grounds laid down in Articles 172 and 173 of this Code, shall notify the concerned within twenty four hours, giving two days to answer. With the reply, or in default, proceed to investigate the merits of the request and issue its decision within three days, granting or denying approval. The resolution shall state the reasons on which data and merges". We found first that the approval did not follow a judge shall in principle of jurisdictional unity and that no oral proceedings, as is absolutely written procedure and there is no provision or settlement hearing tests, and the terms contemplated as being too short infringe the right to defense of the defendants. This legal provision is damaging the constitutional mandate stipulating oral proceedings and the constitutional right to defense. In this research I showed that it is very necessary that the approval it knows a judge or justice of the Labor Judicial Unit and have an oral and reasonable terms procedure to ensure the right of defense of people, therefore, should reformed Art. 621 of the Labour Code. |
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