REFORMA AL RÉGIMEN LABORAL, RESPECTO AL DESARROLLO DE LAS AUDIENCIAS, PORQUE NO SE AJUSTAN AL PRINCIPIO DE CELERIDAD Y EL DEBIDO PROCESO CAUSANDO PERJUICIO AL TRABAJADOR
This thesis entitled "Reform of the labor regime, regarding the conduct of the hearings, because they do not conform to the principle of speed and due process causing injury to the worker," is the result of a careful study of the Ecuadorian labor procedure, where It is developing individua...
Kaydedildi:
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| Materyal Türü: | bachelorThesis |
| Dil: | spa |
| Baskı/Yayın Bilgisi: |
2016
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| Konular: | |
| Online Erişim: | http://dspace.unl.edu.ec/jspui/handle/123456789/10374 |
| Etiketler: |
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Etiketle | Özet: | This thesis entitled "Reform of the labor regime, regarding the conduct of the hearings, because they do not conform to the principle of speed and due process causing injury to the worker," is the result of a careful study of the Ecuadorian labor procedure, where It is developing individual labor disputes according to the oral system foreseen in the Constitution of the Republic stating in Article 168 No. 6 that the conduct of the proceedings in all subjects, bodies, steps and measures will be implemented through oral system . Later we found that the procedural system is a means for achieving justice procedural rules enshrine the principles of speed and procedural economy, and be paid the basic guarantees of due process. This relates to Article 575 of the current Labour Code which provides that individual labor disputes be substantiated by oral procedure, which is performed by the preliminary settlement hearing, and the judge did not achieve an agreement between the parties, the defendant must answer the complaint, and the judge then set a day and time to continue the final public hearing, this process according to the law lasts forty-five day terms, with reality because there are other judgments They last longer than six months, which violates constitutional procedural principles of speed and basic guarantees of due process, as well as labor and social rights of workers. The development of literature and the results of the survey and interviews allowed me to get criteria, with clear and precise grounds of well known 5 literature, which contributed to the verification of objectives, and the testing of the hypothesis, allowing support changes proposed to the Labour Code. The content of this thesis is the result of an arduous legal research of the author in the scientific, legal, social and methodological level, which deals with theories and knowledge obtained through techniques. |
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