Propuesta de reforma al art. 15 de la ley orgánica para la justicia laboral y reconocimiento del trabajo en el hogar por afectación del principio de intangibilidad y del derecho de irrenunciabilidad a las utilidades del trabajador

It aims to identify the problems and will be the subject of this legal and doctrinal study relates to the Ecuadorian labor legal framework precisely with the law for labor justice and recognition of household work, legislation which has the character of organic and was third supplement published in the Official Register of Monday April 20, 2015. With the entry into force of this regulation it has led to changes in the dynamics of the Ecuadorian labor market, so it is important the thorough review of the new legal framework by legal professionals; in such a way that implies a priority for the future lawyer and for the free exercise professional, review and critical study of the reforms punctuated in this law. The organic law for labor justice and recognition of the work at home has not only caused substantial changes in the labor code, but also in the organic law of public service, in the law of public enterprises and social security law, situation which has generated debate within the legal forum for the socio-economic effects produced generated. The problems I have identified in this law, relates to one of the rights of intangible and inalienable character of the worker back decades and has been a labor conquest against abuses of power of the employer, I mean the right to utilities, which according to the terms of art. 15 involves a substantial decrease and results in a reversal within the framework of the constitutional status of rights and social justice; the provision in question refers: "Article 15. After Article 97, add the following item: "Art. 97.1.- limit the distribution utilities' profit sharing distributed to the workers as it stated in the previous article may not exceed twenty Unified Basic salaries of workers in general. If the value of these exceed the prescribed amount, the balance shall be paid to the regime of solidarity Social Security benefits. The competent labor administrative authority will issue the necessary ministerial agreements for the proper implementation of what is stated in this article." The constitution that governs us since 2008 has expressly granted principles and guidelines of the first order in the workplace, and from this, public labor policies must necessarily find sinderesis for the effective implementation of the standard premium, I mean the constitution; however with the limitation of the right to profit sharing as is as stated in the above article, what has occurred is an obvious injury to the worker and his family, as well as generating some sequels growth in the gap between the worker and the employer has not exactly been remedied with the reforms proposed by the law of labor courts. The decrease in the percentage of earnings paid to workers in the private sector does not produce employment benefits, in contrast, has significantly hurt workers, they have undermined them a historically recognized right, which represents a setback in terms of recognition of rights labor and a clear contrast to the constitution of the republic. With this background, it is necessary concretely substantiate a proposed amendment to Art. 15 of the Organic Law for labor justice and recognition of the work at home, to repeal this limitation expressly the right of workers' profit sharing.

• Главный автор: Echeverria Vivas, Wilson Christian (author)
• Формат: bachelorThesis
• Язык: spa
• Опубликовано: 2016
• Предметы: DERECHO; DERECHO LABORAL; UTILIDADES DEL TRABAJADOR
• Online-ссылка: http://dspace.unl.edu.ec/jspui/handle/123456789/16246