Jurisprudencia y Ciencias Sociales

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

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2016 - 20182

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Tema: search.filters.subject.BONIFICACIÓN

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  • Miniatura
    Item type:Ítem,
    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
  • Miniatura
    Item type:Ítem,
    El mandato constituyente N°2 y la bonificación por jubilación de los servidores públicos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-10)
    Ortiz Poveda, Gabriel Sebastián
    ;
    Masabanda Analuiza, Galo Ivan
    This research is aimed at regulating the payment as compensation for voluntary retirement of public servants pursuant to the provisions of the Constituent No. 2 in its Article 8. "The amount of compensation, by deleting items, voluntary resignation or voluntary retirement to qualify for the retirement of officials, public servants and teachers in the public sector, with the exception of belonging to the Armed Forces and the National Police, will be up to seven (7) unified basic minimum wage worker private for each year of service up to a maximum amount of two hundred and ten (210) basic minimum wage of private workers in total, "all officials, civil servants, teachers and public sector workers who avail themselves of the benefits of compensation or bonuses specified in this article may not re-enter the public sector, except for the dignities of popular election or those whose appointment, so that it can establish an effective mechanism for implementation and enforcement of the rights they deserve without causing damage to the state coffers, much less workers. In the legal field compensation for voluntary retirement is an inalienable right of workers who are eligible after fulfilling the legal requirements such as: years of service as determined by Law and old enough, the Constituent Mandate No. 2 to be a legal instrument that regulates certain aspects of state legal behavior becomes a confusing system regarding its implementation and regulation. Due to the complexity of its nature, there have been a lot of errors in the application of this by the managers of Justice. Following the confusion and misapplication of the rules concerning the voluntary retirement bonus, you need to find a system that allows to implement a single system for implementing the Mandate, because sooner or later this confusion will lead to more problems and will be required reform.