Necesidad de establecer en el art. 173 del código del trabajo, el acoso moral como causal para que el trabajador pueda dar por terminado el contrato de trabajo

The Section 11 paragraph 7 of the Constitution of the Republic of Ecuador recognizes the rights and guarantees established in the Constitution and in international human rights treaties, the law does not exclude derivatives dignity. Bullyingin labor relations, is an affectationof peopleas workers, so thereisnot a processthat regulatesthelabor standard, in whichthe worker concernedseeka mechanism toterminate theindividual employment contract. There are cases in which the employer, through the continued harassment of the victim , get the worker quit your job, this makes the worker does not have any right to compensation or bonus, to be subject to these acts which the employer has used , for volunteering the termination. It is for this circumstance arises that Article 173 of the Labour Code, the moral harassment. It also aims to amend Article 191 of the same Code, in the sense of allowing for accumulation of compensation to workers or workers to be subject to it under Article 173 ibid. Through an analysis of legal, social and psychological approach, this proposal aims to demonstrate the urgent need to include as grounds for approval to moral harassment. The moral harassment as a result of approval to request the termination of the employment contract, comes to mean the right to work protection outlined in Section 33 of the Constitution of the Republic of Ecuador in that work is a right and a duty social, and economic right, a source of personal fulfillment and economic base. The State shall ensure that persons working full respect for their dignity, decent living wages and fair remuneration and performance of a safe work freely chosen or accepted. When not specified the moral harassment as grounds for approval requested by the employee, it would violate constitutional principles, referred to in Article 326 of the Constitution of the Republic of Ecuador, that everyone has the right to develop their work in a supportive environment and suitable, to ensure their integrity, security and wellbeing.

• Auteur principal: Erazo Sinmaleza, Daniel Armando (author)
• Format: bachelorThesis
• Langue: spa
• Publié: 2019
• Sujets: DERECHO; ACOSO LABORAL; HOSTIGAMIENTO MORAL; ACOSO MORAL
• Accès en ligne: http://dspace.unl.edu.ec/jspui/handle/123456789/21627