Vulneración al derecho a la estabilidad laboral de los trabajadores sustitutos. Análisis de sentencia 689-19-EP (2020)
People with disabilities in the constitutional framework have special protection, and with greater emphasis on those who have a severe condition that does not allow them to exercise their functions independently, therefore the law recognizes substitute persons as those who will exercise functions of...
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| Natura: | bachelorThesis |
| Lingua: | spa |
| Pubblicazione: |
2024
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| Accesso online: | https://dspace.unl.edu.ec/jspui/handle/123456789/30248 |
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Aggiungi Tag | Riassunto: | People with disabilities in the constitutional framework have special protection, and with greater emphasis on those who have a severe condition that does not allow them to exercise their functions independently, therefore the law recognizes substitute persons as those who will exercise functions of care and maintenance with the purpose of guaranteeing through the effective enjoyment of their rights, therefore each of the rights, especially the right to work and job stability, are extended to substitute workers, considerations that the Constitutional Court of Ecuador made through the issuance of a sentence of extraordinary protection actions, in which the right to enhanced job stability is granted to each of the workers who perform quality work as substitutes. In this sense, reinforced job stability constitutes a right of substitute workers, which is highly violated when employers, both public and private institutions, do not provide what is required in law and jurisprudence and that, in addition to violating labor rights, , also violates the fundamental rights of people with disabilities. This investigation carries out a doctrinal and legal study of the right to job stability of substitute workers and their violation with untimely dismissal, as well as an analysis of ruling 689-19 (2020) violation of the right to stability of the substitute workers, with the objective of presenting propositional guidelines that are aimed at ensuring the well-being of the substitute workers. For this, a mixed methodology was used from a quantitative and qualitative approach from a scientific, analytical, deductive-inductive and statistical type, analyzing the current situation of substitute workers, the foundation of propositional guidelines was presented so that from a social level Institutional and legal mechanisms and policies are established to protect substitute workers and enforce their right to enhanced job stability. |
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