Browsing by Author "Moreno Nuñez, David Sebastián"

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    El principio In Dubio operario y la Bonificación por Desahucio
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-03) Moreno Nuñez, David Sebastián; Mayorga Naranjo, Nelson Eduardo
    The present investigative work of certification denominated THE PRINCIPLE IN DUBIO PRO OPERARIO AND THE BONUSATION FOR DESAHUCIO, has been based on the problem around the violation of the principle, in dubio pro operario, at the moment of applying the calculation of the eviction bonus, due to several factors among them we find little clarity of the existing regulations, a legal rule that does not give a clear way of how to calculate the eviction bonus leaving at first the discretion of the judges or the administrative servants in charge of the calculations of the settlements in the termination of the employment relationship. The calculation of the bonus for the Eviction, knowing that the worker is harmed if he did not complete his year of work by not canceling the time worked causes a high degree of dissatisfaction in the workers referring to the non-consideration for this calculation of the months in which he did work but not to complete the year of service is not canceled, to be more clear they believe they are not worked. In the vast majority of respondents believe that the subject of research is a reality that everyone knows but nobody does anything to solve it, because even though it is not so, speaking of a harm to the employer, it can be considered by many to be an attack more at the head of the production generating work