Estudio jurídico de la bonificación por desahucio laboral y su incidencia en los derechos del trabajador

The socio-legal problem stems from a process in the workplace, which is called Eviction; consisting of the same notice which gives the employer the worker, or vice versa, to terminate voluntarily unilateral or bilateral labor relationship that existed between them, then it becomes part of this proce...

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Autor principal: Chérrez Recalde, Tanya del Pilar (author)
Formato: bachelorThesis
Idioma:spa
Publicado em: 2016
Assuntos:
Acesso em linha:http://repositorio.uteq.edu.ec/handle/43000/1689
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Resumo:The socio-legal problem stems from a process in the workplace, which is called Eviction; consisting of the same notice which gives the employer the worker, or vice versa, to terminate voluntarily unilateral or bilateral labor relationship that existed between them, then it becomes part of this process the Ministry of Labour through labor inspectors so that these units the corresponding settlement is conducted by the years of service, according to the provisions of the law. We believe that the problem arises because the bit rate recognizing the worker for Eviction since the rights of workers, which remain once been terminated a contract is not guaranteed, since the same rights are inalienable. In researching this issue, we find that there are large gaps in the labor standard, Labour Code, especially when a settlement eviction because being requested by the employer or by the employee, the employer sends to reclaim the worker held on 25% of the equivalent to the last monthly salary for each year of service with the same company, for this the Labour Inspector proceeds to realize the value representing the bonuses, but there are inconsistencies in the calculation since the percentage is already established and is not considered the current economic situation. The theoretical and field work of this project allowed me to get criteria, with clear and precise basis of literature well known, who contributed to the verification of targets, and testing of the hypotheses, allowing support the proposed changes.