Reforma a las sanciones administrativas aplicadas por el incumplimiento a las obligaciones patronales
In the socio-cultural context it has become a daily practice violate the rights of workers, so much so, that employers require staff who work under his authority knowing that people are in need to find a source of work better their income, subject their workers to sign labor contracts ridiculous tha...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2015
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| Subjects: | |
| Online Access: | http://dspace.unl.edu.ec/jspui/handle/123456789/8788 |
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Add Tag | Summary: | In the socio-cultural context it has become a daily practice violate the rights of workers, so much so, that employers require staff who work under his authority knowing that people are in need to find a source of work better their income, subject their workers to sign labor contracts ridiculous that disrespect the constitutional guarantees that benefit the workforce; such as pay them for their services below the legal minimum wage, lack of insurance affiliation, among others. It is necessary to emphasize what is in our Constitution, enshrining that Ecuador is a social state law in its Art. 33, our Constitution provides that "work is a right and a social duty. It shall enjoy the protection of the state, which guarantee workers the respect for their dignity, a decent living and fair remuneration " However there are serious violations laborare legal norms, which are punished by not consistent with the reality and the seriousness of the offense monetary fines. The Constitution of Ecuador mentioned in Article 76 Paragraph 6 provides that:. The law will establish due proportionality between offenses and criminal, administrative or other sanctions " Proportionality requires value between the severity of the penalty and the objective pursued by the law, having to cater primarily to the seriousness of the offense, the penalty set by the legislator to the infringement, should be proportional to the social importance of the fact . This principle aims to be set and enforce appropriate and aimed at protecting valuable legal rights sanctions. In our current Labour Code the principle of proportionality is observed, since there is slight economic sanction for those who violate its obligations to its employees |
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