Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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2020 - 20263

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Fecha de inicio: 2020Tema: search.filters.subject.TRABAJADOR

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Mostrando 1 - 3 de 3
  • Miniatura
    Item type:Ítem,
    El juramento deferido en materia laboral y la igualdad procesal de las partes procesales
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
    Chiluisa Alvarez, Damaris Mikaela
    ;
    Masabanda Analuiza, Galo Iván
    The research analyzed the evidentiary figure of the deferred oath in labor matters framed in Article 185 of the COGEP against the principle of equal procedure of the parties, supported by the CRE and international regulations. The purpose of the study was to identify elements for the applicability, judicialization and effects of this evidentiary element in the face of respect for the principle of procedural equality. To meet the objectives set, a qualitative approach was implemented, through interviews with experts in labor law. Likewise, a descriptive method was used, managing to characterize both variables and understand the causes and consequences that correlate with the deferred oath and procedural equality. The results showed the need to maintain an evidentiary figure in favor of the worker, however, the norm has a legal vacuum that affects the employer's right to defense and marks an obvious omission to the right to contradiction, which generates a violation of the principle of procedural equality and due process, In addition, there is no means by which it can be evidenced that the worker acted in good faith and with adherence to procedural loyalty. It was evident that in practice there are difficulties for judges in not establishing clear parameters for the evaluation of this evidentiary tool. The research concluded that the parameters of the deferred oath as an exceptional tool are delimited, but the implementation of mechanisms is required to corroborate the information provided by the oath, in addition to adding express parameters for the assessment and adding an instrument by which the oath can be contradicted and questioned, thus solving the limitations at a practical level.
  • Miniatura
    Item type:Ítem,
    La libertad de asociación sindical y la contribución obligatoria de trabajadores no sindicalizados en Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27)
    Pozo Paredes, Karen Juliette
    ;
    Masabanda Analuiza, Galo Iván
    The research analyzes the constitutional and legal framework that protects freedom of association in Ecuador, focusing on the conflict between this right and the obligation imposed by labor regulations to make mandatory financial contributions to trade unions, even by non-unionized workers. The regulatory foundations set forth in the Constituciòn de la República del Ecuador and the Código de Trabajo are examined, as well as applicable international labor frameworks and human rights treaties. Based on a review of doctrine and case law, tensions are identified between freedom of association and the obligation to make financial contributions that may violate that right. In order to gain a deeper understanding of the practical reality, semi-structured interviews are conducted with key actors in the labor and trade union field, thereby highlighting the perceptions of those affected and their interpretation of current regulations. The results highlight the need to harmonize the labor law provision on mandatory contributions to non-unionized workers with the right to freedom of association, proposing that the labor law provision be declared unconstitutional.
  • Miniatura
    Item type:Ítem,
    El acto probatorio del despido intempestiv, en al terminación unilateral por parte de los empleadores
    (Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-02)
    Masache Masache, Mary Andrea
    ;
    Acosta Morales, Gabriela
    The investigative work was carried out in the Judicial Unit of work in the city of Ambato, with the theme “THE PROBATORY ACT OF INTEMPESTIVE DISMISSAL, IN THE UNILATERAL TERMINATION BY EMPLOYERS” today we have seen that there are many workers who suffer a Untimely dismissal by employers, causing the worker to remain unemployed and often without compensation for lack of evidence before the competent Authority. The research project analyzed the feasible evidence to demonstrate the Untimely Dismissal, since the worker dismissed unexpectedly by following the only action that the law protects him, this is an oral labor claim, he must externalize the elements of the act before the authority, and in the case of a demand for untimely dismissal, for legal logic, all the necessary evidence must be available to prove the fact of the untimely dismissal, which is why my job proposal would be to determine the reliable evidence to demonstrate the dismissal untimely, in order that the worker can obtain compensation, and thus fight with job insecurity and unemployment. In this way many employers will have to analyze before terminating the unilateral employment relationship of a worker whose compensation they will have to pay, that is, cover the lost earnings and the emerging damage and will do so when it is extremely necessary. Therefore, the work will be framed to a qualitative approach because it is carried out through bibliographic review to support the research and design of the information instruments and the quantitative approach, because the instruments generate data that will allow us to approach the reality of the problem.