Necesidad de reformar el código del trabajo en relación a la inclusión de las tecnologías de la información como medios de prueba

Article 76 paragraph 7 literal h) of the Constitution of the Republic of Ecuador establishes the right of the people to the defense include the following guarantees: Submit written or verbally the reasons or arguments that creates power and replicate the arguments of the other party; present evidence and contradict those brought against him. According to Article 194 of the Constitution of the Republic of Ecuador indicates that the conduct of processes including the presentation of evidence and contradiction will be held by the oral system, according to the principles: device, concentration and immediacy. The oral test in the labor process all the evidence set forth in the Code of Civil Procedure, and welcome established in Article 577 of the Labour such as judicial inspection, production of documents, surveys and any test code that parties deem appropriate. But it is the case in an oral hearing technologies of information and communication practice test is not used to being a modern process should be characterized by extensive use of various technological tools from computer science and technology communications, allowing an obvious improvement of the labor dispute but also pose a tremendous risk to the citizen, as a tension between the citizen's right to due process and the power of the State to effectively investigate labor disputes occur. The rapid development of information technology and communications occurs oral changes in the labor process. These changes are both qualitative and quantitative. Qualitative insofar mean new research facilities, more subtle and as mean a new and particularly dangerous dimension of injury to fundamental rights. In the quantitative mean greater number of tools in the hands of the authorities for the purposes of their activities. These tools range from the observation of the employer obligations contained in the IESS, to the extensive use of means of information technology to compare and scrutinize personal data. For such circumstances for the advancement of technology has not been included information technology as evidence, thus legal certainty is provided that is looking for a means to ensure the protection of persons in the labor oral trials between plaintiff and defendant, being necessary to ensure the conduct of processes contradiction presentation and testing carried out by the oral system, according to the principles: device, concentration and immediacy.

• Главный автор: Naranjo Ordóñez, José Eduardo (author)
• Формат: bachelorThesis
• Язык: spa
• Опубликовано: 2014
• Online-ссылка: http://dspace.unl.edu.ec/jspui/handle/123456789/15258