Jurisprudencia y Ciencias Sociales
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Item El principio de la primacía de la realidad y las relaciones laborales simuladas(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09) Rodriguez Quezada, Marco Antonio; Masabanda Analuiza, Galo IvánThe principle of the primacy of reality is considered one of the fundamental pillars of Labor Law, since it establishes that when there is a contradiction between what is stated in documents or contracts and what actually occurs in daily labor practice, the real facts must prevail over legal formalities. This principle acquires special importance because it allows the identification and confrontation of simulated labor relationships intended to conceal true dependency links in order to avoid employer responsibilities toward workers. In this sense, it becomes a legal mechanism that guarantees the protection of non-waivable rights such as job stability, access to social security, and fair remuneration. Currently, this issue has become particularly relevant due to the increase in atypical forms of hiring, such as outsourcing and professional service contracts, which in many cases are used to distort the true labor relationship. The objective of this research is to analyze the legal scope and effectiveness of the principle of the primacy of reality in cases of contractual simulation, in order to determine its impact on the guarantee of effective judicial protection. For the development of this research, a qualitative methodology with a dogmatic legal approach is applied, based on the analysis of norms, doctrine, and jurisprudence. Thus, the research is framed within the field of labor law and the constitutional protection of workers' rights. The results demonstrate that the correct application of this principle facilitates the identification and dismantling of fraudulent practices, leading to the conclusion that this principle is an essential tool for guaranteeing true labor justice.Item Principio de continuidad y el delito laboral por retención a los aportes de la seguridad social(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-08) Bastidas Tusa, Marilyn Nicole; Masabanda Analuiza, Galo IvánThis research work analyzed the protection of the principle of continuity against the criminal sanction imposed on the employer for the crime of undue withholding of Social Security contributions established in Article 242 of the COIP, in this sense, this study was proposed in order to contrast how the principle of continuity protects workers, to substantiate its protection for job stability, explain the impact on productivity and finally, identify if there is a transgression of the principle of continuity. Therefore, the methodology has been implemented under a mixed approach. The qualitative part through interviews with experts in labor matters and followed by a quantitative approach through surveys carried out with lawyers of free professional practice, accountants and employers. Likewise, the descriptive and explanatory method was incorporated in order to analyze the regulatory reality and identify the causes and consequences of the problem. The results obtained show that closing a company affects the productivity of the company and indirectly generates a detriment to the continuity of the worker's activities, which is limited to other rights such as social security, a dignified life and the right to remuneration. Therefore, the research concluded that the principle of continuity entails a fundamental pillar for job stability and for the protection of workers' rights, so to avoid the violation of this principle in the event of a sanction, it is necessary to strengthen control instruments for compliance with employer obligations.