Necesidad de reformar el art. 115 del código del trabajo, que vulnera el derecho laboral de los aprendices y operarios a la décima tercera y décimo cuarta remuneración en la terminación de su relación contractual propuesta jurídica

The Labour Code has regulated the craft, just as regulating contracts can celebrase both with a contractor, who is the person that handles the execution of a particular work to an artisan, as contracts with workers and apprentices craftsman, which are mainly labor contracts. What we can determine is...

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Autor principal: Moncada Soto, Nelly Mercedes (author)
Format: bachelorThesis
Idioma:spa
Publicat: 2014
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Accés en línia:http://dspace.unl.edu.ec/jspui/handle/123456789/13382
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Sumari:The Labour Code has regulated the craft, just as regulating contracts can celebrase both with a contractor, who is the person that handles the execution of a particular work to an artisan, as contracts with workers and apprentices craftsman, which are mainly labor contracts. What we can determine is born an employment relationship, which brings some consequences or obligations for each of the contracting parties, for example, the worker is required to pay their legal and personal services, and the employer's obligation to pay the agreed remuneration in the contract can not be less than the basic set, it also has the obligation to pay the additional remuneration provided for in the Labour Code. Any compensation or additional stipends to which I refer are the thirteenth and fourteenth salaries, which are to be paid, the employer to the employee, however in Article 115 of the Labour Code, is set exclusion to pay these additional remuneration apprentices and workers craftsman, who by their status as workers, and according to the constitutional principles that provide for the protection of the living wage for workers for equal work and equal pay rightful, should not be discriminated by the same Act Thus. In agreement with these constitutional provisions that protect labor, living wage that meets the needs of the worker and his family, is necessary and 5 essential to perform a legal reform of the Labour Code, tending to include the right to receive remuneration additional apprentices and operators craftsman. The reform is aimed at artisans recognize the work performed by the workers and apprentices paying them in a dignified manner, his salary meets the basic needs of these workers, as they have the same rights as other workers as determined by the Constitution: equal rights and opportunities for all citizens of Ecuador country.