Derecho

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/893

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Start date: 2020Subject: search.filters.subject.ESTABILIDAD LABORAL

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    Los derechos reproductivos y la protección del derecho a la Maternidad de la trabajadora dependiente
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27) López Garcés, Vanessa Elizabeth; Masabanda Analuiza, Galo Iván
    The right to work is a fundamental right that is protected and guaranteed in the Ecuadorian constitutional order, both for men and women who carry out a dependent work activity on a daily basis. In this sense, in the fulfillment of labor obligations, those who have been the most vulnerable of all acquired rights are working women, even more so when they are or are linked to the reproductive role, such as in a state of pregnancy, motherhood and lactation; the lack of protection that they often face in the state of motherhood is worrying, since this is considered a crucial stage for their well-being and that of their children. Therefore, the objective of the research is to carry out a study that allows to determine if reproductive rights and the protection of the right to motherhood of the dependent worker in the public and private sector are guaranteed in Ecuadorian labor legislation. For this, an exploratory study supported by a mixed methodology is applied starting from a qualitative study to end with a quantitative study, achieving a comprehensive view of the situation; Therefore, it is immersed in the line of research on “social exclusion and integration.” The main result is that, despite the existence of regulations that support the protection and maternity leave of dependent workers in Ecuadorian labor legislation, there is a significant legal loophole for those workers subject to the Labor Code in relation to those in the public sector, since they are not protected in the event of the death of their newborn children within the period of maternity leave granted. Concluding that there is an urgent need to reform labor legislation and thus guarantee comprehensive protection for workers subject to the Labor Code in the event of the loss of their newborn child.
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    El despido ineficaz y el reintegro a su lugar de trabajo
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-11) Quishpe Altamirano, José Miguel; Masabanda Analuiza, Galo Iván
    The analysis of ineffective dismissal and reinstatement to their workplace arises because over the years, the working life of women has suffered great difficulties in finding decent work, since there is still a gap between women and men in terms of opportunities, remuneration, treatment and results in their work. In this virtue, the objective focuses on analyzing whether the figure of the Ineffective dismissal complies with the return to the workplace, guaranteeing the labor stability of women. Thus, the review of theoretical, legal and doctrinal background determines that this principle has evolved to protect the right to work of pregnant women and their permanence in it, which is enshrined in Ecuadorian law. The methodology followed a process with a quantitative and qualitative approach, with the application of surveys to 100 working women whose dependency relationship determined all the questions to 51 women, in addition to applying an interview script to two lawyers. The results revealed that women consider that few receive protection or coverage by the Ecuadorian legal system in the performance of their jobs in order to guarantee their rights and prefer compensation to the option of returning to their jobs through legal means if They are fired without just cause. Thus, it is concluded that women avoid returning to their jobs when there is the possibility of retaliation by the employer or a conflictive climate, despite having legal coverage that supports their return to their job.
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    Caja de integración salarial y la sostenibilidad de la estabilidad laboral y económica en época de crisis en el Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Ríos Cuadrado, Daniel Alejandro; Masabanda Analuiza, Galo Iván
    The research that is carried out, exposes the theme and functionality of the Italian economic system called: "Wage Integration Fund", as a method to guarantee workers' rights and labor sustainability in times of national crisis; subsequently developing a comparative analysis between Italian legislation, which has such a system in place in cases of national recession; and Ecuadorian legislation, which does not have preventive planning for the same circumstance; the economic crisis generated by the Covid-19 virus pandemic has been taken as an example, to determine the degree of effectiveness of the application of the wage integration fund in Italian legislation and the effectiveness of the labor measures implemented by the Ecuadorian government during the same scenario of national crisis, both with the aim of promoting labor sustainability and the rights of the private worker in each nation. The methodology used is of an observatory nature, with a qualitative approach regarding the collection of documentary information, allowing to determine the conceptualization, functionality and the way in which the salary integration box guarantees labor sustainability; and a quantitative approach developed through interviews and surveys to determine the effectiveness of labor measures implemented by the government in the absence of a system such as the wage integration fund to promote labor sustainability. Concluding that the wage integration fund would be an ideal system to be implemented in Ecuadorian legislation, to better guarantee the rights of the worker in periods of national crisis.