Jurisprudencia y Ciencias Sociales

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

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    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 Iván
    This 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.
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    El principio de irrenunciabilidad y el derecho a la estabilidad laboral en la renuncia voluntaria”
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27) Cuchiparte Guamangate, Melida Karina; Masabanda Analuiza, Galo Iván
    The research analyzed the applicability of the principle of non-waivability of labor rights in cases of voluntary resignation and evaluated whether this principle ensured workers” job stability in Ecuador. The study aimed to identify the legal effects of non-waivability, support the protection of job stability, and determine whether its application effectively safeguarded workers when submitting a resignation. A mixed-method approach was used, combining a quantitative method through surveys conducted with workers and a qualitative method through interviews with labor law experts. Descriptive and explanatory methods were also applied to characterize the labor context and understand the causes and consequences related to resignation. The findings revealed that many workers lacked knowledge about the scope of their rights, allowing some employers to exert direct or indirect pressure to induce resignations in order to avoid legal obligations. It was also observed that, despite the existence of national regulations and international conventions aimed at protecting job stability, violations persisted, indicating obstacles in the practical application of the principle. The research concluded that the effective protection of job stability depended on the proper application of the principle of non-waivability, the strengthening of inspection processes, and continuous training in labor rights, all of which were essential to ensuring fair employment relationships that respect human dignity.
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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.
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    El derecho fundamental al trabajo y la estabilidad laboral de empleados y trabajadores en las empresas públicas municipales del cantón Ambato
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Agudo Durán, Jaqueline Alexandra; Poaquiza Poaquiza, Ángel Patricio
    In the present thesis the analysis and evaluation of the labor relationships between workers and employers has been done through the regulation of the work right in all its modalities and conditions. Pointing out the need to know the regulation and find a strategy to canalize the duties and responsibilities which come from the State toward its citizens. Likewise, doing emphasis in the need to have a deep analysis as a mean to canalize and reach the desired success in the job market of public and privates services whether these are physical or intellectual. The indexes were used and compared to shown the dependence relations and the notorious differences between the several ways of provision of intellectual or physical services. This let to put on evidence the difference of interests which exist between the public and private sectors. The parameters used in this document of critical analysis let to clarify the need of a reform of the regulations. In this way, it is possible to establish and trace better limits to the essential features of rights guarantees and social justice such as equality. Precisely, the formal and material equality over a normative, legal and juridical apparatus allows minimizing the differences which affect to most of the workers. Next, a description of the environment in which the workers’ rights are developing is done. For this, a historical review is done until our days. Then, the problematic is established and this will be the main reason of the analysis and developing of this document. After that, the data analysis has been done to have a wide and realistic view of the problematic. Finally, the resulting conclusions and recommendations are presented to accomplish with the general and specific objectives of this research