Inconveniencia jurídica de que el contrato individual del trabajo por obra cierta subsita como un contrato laboral, por cuanto reviste características civiles.

As I have manifested along the present study that has tried on the contract of work certain, i want to leave perseverance that my proposal has been based in that the contract before mentioned it is that is to say of those that it should not be under the labor juridical classification, it should not locate him to him under the help of the code of the work. The contracts specified inside the code of the work consist of certain elements or characteristic characteristic of those of them inside which we have those specified in the article 8 of the code of the work like they are: "the benefit of licit and personal services, under their dependence, for a remuneration fixed by the agreement, the law, the collective contract or the habit", elements of which don't consist in the recruiting for work certain, because although in this recruiting they coincide with some elements like the benefit of licit and personal services, for a remuneration, but it doesn't exist the dependence relationship or labor subordination, with what you reaches the conclusion that when not existing this last element we cannot speak of a labor contract and therefore it should locate it to him inside another legal body that is not the code of the work, for the exposed specifications and since the environment of this code is the one of regulating the relationships between employer and worker, what exists case of the contract of work presently certain. This personal approach that I have developed it, was motivated by the labor experience, for the cases that I have had knowledge and that inside the labor environment it has not been possible to give him a true solution, what has led to have as consequence a great quantity of juridical problems. This problems have been secured by means of the investigation instruments that I applied, as the survey to professionals of the right, with which we coincide in that the contract of work certain it should be regulated by the civil code and not for the code of the work; and, for the interviews applied judicial officials who knew how to manifest that to the being this contract unaware to the labor right, they in the practice of certain cases have caused them in once, juridical problems, since the workers have demanded their employers, but as a result they have obtained the inhibition of the tribunal of knowing this problems for competition lack. Subsidiarily to the problem arisen previously, we have been able to determine like in the work contract, the workers are not susceptible of the payment of certain items or labor benefits, prepared by the code of the work like they are: the payment of tenth, vacations, etc., because in the contract of work certain, the person that hires the execution of a work, cinnamon the corresponding value for the total of the agreed work, therefore the person that carries out the work is not entitled to the previously exposed benefits, i argue valid and corroborated with the practical work that it´s led me to demonstrate the relevancy of my proposed investigation work and developed which have deployed it in all these pages, arriving to happy term of the same one.

• Glavni autor: CEVALLOS TERAN, EDGAR RUBEN (author)
• Format: bachelorThesis
• Jezik: spa
• Izdano: 2011
• Teme: DERECHO; INCONVENIENCIA JURÍDICA; CONTRATO INDIVIDUAL; TRABAJO POR OBRA CIERTA
• Online pristup: http://dspace.unl.edu.ec/jspui/handle/123456789/20126