La necesidad de contemplar en el código de trabajo el derecho de solicitar que se dispongan medidas cautelares en el auto de aceptación al trámite del juicio laboral
The problem socio - legal issues raised in this thesis entitled: " The need to look in the Labour Code the right to request precautionary measures are available in the car of acceptance to the process of labor trial " has vital importance for cases that are seen daily in professional pract...
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| Formato: | bachelorThesis |
| Idioma: | spa |
| Publicado em: |
2016
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| Assuntos: | |
| Acesso em linha: | http://dspace.unl.edu.ec/jspui/handle/123456789/13266 |
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Adicionar Tag | Resumo: | The problem socio - legal issues raised in this thesis entitled: " The need to look in the Labour Code the right to request precautionary measures are available in the car of acceptance to the process of labor trial " has vital importance for cases that are seen daily in professional practice as workers get their rights claim only on paper, since it has no way to make it effective. In developing this subject succeeds in establishing that there is a gap in the labor law , which has serious consequences for the rights of vulnerable groups such as workers , rights which are enshrined in the Constitution , undermines legal certainty as predetermined legal rules do not ensure full compliance with the contracts concluded between workers and employers , and the state fails in legal guardianship as according to the constitution is the state that takes the form of a guardian of rights through the enactment of laws guaranteeing the effective enjoyment of the same , which is why it becomes imperative to legislation allowing preventively to ensure the rights of workers, because sometimes the judgment of the competent authority runs out floor as there is no monetary support which supports it , turning impossible to collect it , generates bad debts . The theoretical and field work of this thesis criteria provided me with clear and precise basis of recognized literature, which contributed to the verification of targets, and comparison of the hypotheses. 5 The content of the thesis is the result of an intellectual effort of the applicant in the scientific and methodological , which addresses the need for urgent reform of the Labour Code Article 594 which states that : “The ban , kidnapping, retention and roots , may be requested in a conviction , and is not in final " after determined by observing actual cases , the scholars criteria analysis , and also to study labor law countries in our region , this article fails effective prudential function , but rather is merely a statement that does not guarantee anything , when using this thesis demonstrates that the protection of rights is effective if preventive. |
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