Extraordinario de casación y su incidencia jurídica en los juicios laborales de menor cuantía, en la ciudad de Machala, durante el periodo comprendido al año 2013.

Today in labor cases, are likely to appeal all judgments regarding employment and compensation, a situation that undermines the administration of justice through the workload for Judges of the National Court of Justice multiply it more and more. Our research provides a comprehensive analysis of the appeal in labor, since it contains the history and current status of this institution. We believe it is necessary to reform the Labour Code, with respect to the appeal and their admissibility, as it would be feasible to establish that labor minor lawsuits five thousand dollars does not from the appeal, all based and consistent with the principle of speed and economy. “The appeal is an extraordinary remedy which the law grants the injured party in respect of certain judicial decisions and in certain processes, which has two main purposes, 1. Ensure the legality of the judgments of the lower courts and 2. - obtain uniformity of jurisprudence. The doctrine and jurisprudence have clearly established the special formal and extraordinary nature of the appeal since its implementation in our regulatory regime. That nature determines that the reasoning made by the appellant constitutes the non-extendable and unchangeable limits of the jurisdiction within which to resolve the court of appeal”. The conception of our thesis can be approached from several perspectives, its basic definition indicates a measure of the effort made by graduates with a vision to improve and be able to help reform wrong, ie the Labour Code, article 613 is for just be admissible to lodge an appeal in labor lawsuits largest amount of five thousand dollars, this in order to avoid congestion processes and reduce the workload of judges of the National Court. The law requires be precise, consistent and fair, because this depends on the order of everyday life of citizens who are governed by it. Currently the Labour Code introduces errors, which lead to the justice system is hampered by minor processes that may well be resolved at earlier stages or even mediators. One of the highlights of the research work are surveys and interviews was conducted to different professionals, authorities, who have the experience, besides being closer to the subject, it is important to know that you will get different opinions and analysis. We performed statistical graphs through a sample taken got real results, which allowed us to determine the solution to the problems in the Labour Code, which allowed us to further recommendations by the findings of all the research work and especially proposing reform to the Labour Code, and thus to provide a solution and relieve the workload for Judges of the National Court.

• Autor principal: Añazco Dávila, Juan Bolívar (author)
• Outros Autores: Palacios Honores, Harold Eduardo (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2015
• Assuntos: CASACION; JURIDICA; JUICIO; LABORAL
• Acesso em linha: http://repositorio.utmachala.edu.ec/handle/48000/2345