Los derechos laborales de los trabajadores en el estado ecuatoriano - post pandemia

Abstract

Labor Law is based on the permanent experience between the subjects that are part of an employment relationship, being these workers and employers who are immersed within said employment relationship. For many years ago, it has been wanted to understand the Ecuadorian labor legislation without even realizing the real situation of the environment in which one lives, the labor regime has undergone a series of changes that for better or for worse have directly affected the only force that can lead to the development of peoples, the worker. The current Constitution of the Republic of Ecuador guarantees people the right to work, recognizes all types of work, in a dependency relationship, or autonomous and as productive social actors, to workers; Labor rights are inalienable, these rights are obtained by the worker by being dependent on the employer, since these rights are acquired and maintained as long as the employment relationship exists and upon termination, the worker must receive all the benefits that by law correspond to him and that are established in the Labor Code. The employment contract is the economic legal bond through which a person called a worker is obliged to provide their personal services or perform a work for another person called an employer, personally or under dependence in exchange for remuneration, the employment relationship takes effect from the moment in which the worker executes the work that he agreed with the employer or employer; As long as the employment relationship exists, the worker and the employer will be in harmony and the two parties will carry out what is stipulated in the employment contract, but either by suspension or termination of the contract, the figure known as a labor settlement begins, a document in which the parties They record the termination of the employment relationship and the benefits that are canceled to the worker. In the following titling work, the legal application of article 169 numeral 6 of the Labor Code was analyzed based on the crisis that Ecuador is experiencing due to the pandemic caused by the Coronavirus virus (Covid 19) that has hit the entire economy of our country and the world. In our environment there have been several positions regarding the application of this numeral, it has been common for employers to rely on this measure to proceed to terminate the employment contract, which shows the inadequate application of this article, approved by Ministerial Agreement, therefore, it is questioned whether in the face of the dismissals that have occurred after the health emergency, it has been applied under the law and above all under a timely follow-up to take both the contracting parties and workers in order to generate harmony in the both labor and social relationship between fellow citizens knowing that this pandemic has hit many sectors of the population in general.