Necesidad de reformar el artículo 172 numeral 1 del Código Del Trabajo por no tener armonía con el texto constitucional art. 326 numeral 1 de la constitución de la República del Ecuador

The Constitution of the Republic of the Ecuador,in their Art. 326 establish the labor guarantees that aid the rights of the workers, firstly assuring a worthy and fair remuneration, the unrenunciabilityandintangibility of the rights of the workers, as well as other constitutional dispositions that guarantee the juridical security. The figure of the Seen Good it produces veneration of the constitutional principles of stability labor, full employment, intangibility and unrenunciability of the rights of the workers for the causal ones 1,2, and 4 of the Art.172 of the Code of the Work. The numeral 1 of the Art. 326 of the Constitution of the Republic establish that the State will promote the full employment and it will eliminate the underemployment and unemployment, coming off of this constitutional disposition the labor stability that establishes the Code of the Work in its Art. 14. This principle is forced by the disposition of the numeral one 1 of the Art. 172 of the Code of the Work that it settles down that it is causal of having seen good the worker's unjustified lacks for more than three days in a monthly period of work, harming the labor stability since although they are unjustified the lacks, this causal one generates unemployment increase, contradicting the constitutional principle, requiring a reformation just as an administrative sanction in charge of the Inspector of Work but not the loss of the work place, since inclusive in the practice the application of having seen good can intend with chicaneries on the part of the employer, taking advantage of the ignorance of the workers of the labor legislation. The worker's rights are intangiblelikewise it cannot be detriment object or veneration on the part of employers and a lot less than the authorities called to aid them that according to the Art. 7 of the Code of the Work are the Provincial Judges of the Work and the Inspectors of Work, being these last ones before who theirs thinks about the application of having Seen Good. The second causal of the Art. 172 of the Code of the Work with respect to the indiscipline or disobedience of the internal regulations, it harms the labor stability, being required the implementation of other measures of administrative character different to the authorization of termination of the work contract equally (Seen Good) The Art's causal fourth. 172 of the Code of the Work with respect to the insults caused on the part of the worker, it requires settling down PRE-JUDMENT so that the Inspector of the Work grants the seen good, since who qualifies the insults he is a JUDGE OF PENAL GUARANTEES, in the step of private penal action or complains

• Main Author: Andrade Moncayo, Mercedes Jaqueline (author)
• Format: bachelorThesis
• Language: spa
• Published: 2015
• Subjects: CÓDIGO DEL TRABAJO; ESTABILIDAD LABORAL; CONTRATO DE TRABAJO; OBLIGACIONES DEL EMPLEADOR
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/8773