La protección de los derechos laborales frente al despido intempestivo en época de COVID-19

Abstract

This degree work aims to propose the way in which the correct protection of labor rights is carried out against untimely dismissal during the time of Covid-19, this due to the breakdown of the economy that the entire country and the entire world is going through However, it should be remembered that workers have a normative body that protects each of their rights such as the Labor Code, as well as the constitutional framework is immersed in this protection, which is a fundamental axis for it. purpose, among other bodies that have established and protected the rights of this important group in the country, guaranteeing each one of those who make it up the power to safeguard any right that is intended to violate. The main objective is aimed at a better understanding of the importance of the effective implementation of the Labor Code, as a fundamental element to protect and safeguard the personal integrity of each of the workers who are immersed in this problem, such as the untimely dismissal in time of Covid-19. It should be noted that the Ecuadorian State does not have any favoritism towards the group of workers, despite the fact that these are the ones that suffer the most from violations of their rights, but an investigation will be presented with a jurisprudential nature with two neighboring countries of Latin America, The same that are Peru and Colombia in order to determine if the protection of workers' rights during this time of global pandemic proceeds in the same way, if there is any similarity or difference in this. The figure of untimely dismissal is established in the Labor Code, the same one that expresses with it principles with which the employment relationship is governed, as well as a series of rights that take action when this figure is put into practice, all of these They must be subject to due observance and respect either by the respective labor authorities, as well as by employers and workers. In order to have a better understanding of what is the main right that is intended to protect against the figure of untimely dismissal of workers, professional interviews were carried out with people immersed in the world of Law, but this was not the case in the that only focus on a single opinion of a certain group, but rather a grounded general opinion was sought, being in this way that the people interviewed were those who fulfill functions as lawyers and private lawyers and university teachers. Last but not least, a determination will be made as to whether the sentence issued by the competent authority, with knowledge of the case study, made its power to sentence in accordance with the provisions and provisions regarding labor rights. that assisted the worker. In addition, it is established which rights have been violated, as well as the action by the competent authorities in the face of this action.