Reforma Al Código De Trabajo, Incluyendo Un Artículo Innumerado Luego Del Art. 192, Que Se Considere Como Despido Intempestivo Cuando A Un Trabajador Se Lo Cambie De Puesto Sin Motivos Legales, Lo Cual Implique Reducción De Su Remuneración Considerablemente

In our Constitution and Code of Work they are established principles for those that the labor relationships and the rights are governed that attend the workers, the same ones that should be observed and respected so much by the authorities of the work like for the employers and workers. The individual contract of work, contains certain elements that are configured as such among them we have the benefit of the licit and personal services, the dependence relationship, the remuneration; it is also source where obligations are born as much for the employer as for the worker and the employer. This individual contract of work can arrive to its end or extinction for the causes foreseen in the Code of the Work, among the causes for the termination of the individual contract of work have the inopportune discharge that is not another thing but the break of the labor relationships for the employer’s unilateral decision without fair cause, this arbitrary break of the labor relationships he/she gives place to certain compensations for the discharged worker, according to that determined by the Code of the Work. The Change of the occupation for which was hired, without the worker’s consent is constituted in a type of inopportune discharge, because they lose temper the agreements specified in the initial contract, where they no longer converge neither the will neither the worker’s consent, necessary requirements for the validity of all contract, and much more if it is the work contract, taking in consideration that no worker can be forced to carry out a work that is not freely accepted and chosen by him. Without embargo many employers being been worth of their condition of superiority in front of the worker’s necessity, they arbitrarily not alter alone the occupation but also the schedule and other work conditions that have not been initially conventional. All these abuses made by the employer against the worker are sanctioned by the Code of the Work, but it is that these sanctions and compensations foreseen in this legal body don’t fulfill the expectations of repairing the economic damage caused the worker to stay in the unemployment in fact, and for the same thing that you/they are ridiculous they don’t constitute obstacle some to prevent the employer to transgress the legal dispositions. For such a reason it is imperious the necessity to carry out a reformation proposal guided to safeguard the rights of the workers that are the most vulnerable part in a relationship labor, this reformation goes directed to improve the labor relationships between employers and workers as constituting a control to the outrages of certain employers.

• मुख्य लेखक: Sánchez Chinchay, José Vicente (author)
• स्वरूप: bachelorThesis
• भाषा: spa
• प्रकाशित: 2016
• विषय: DERECHO; REFORMA AL CÓDIGO DE TRABAJO
• ऑनलाइन पहुंच: http://dspace.unl.edu.ec/jspui/handle/123456789/17443