Jurisprudencia y Ciencias Sociales

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Start date: 2022Subject: search.filters.subject.DERECHO LABORAL

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    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 Iván
    The 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.
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    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.
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    La esclavitud laboral moderna del siglo XXI en el Sector Público del cantón Ambato
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Guerrero Rosero, Alex Patricio; Masabanda Analuisa, Galo Iván
    This paper is a research study on the incidence of modern-day labor slavery in the public sector of Ambato canton in the 21st century. It focuses on analyzing how modern labor slavery is a global phenomenon characterized by the exploitation and coercion of public servers, who find themselves in situations of abuse and vulnerability due to the emergence of new technologies. Additionally, it seeks to examine how technological advancements have affected labor rights while normalizing situations such as the violation of workers' fundamental rights. The research was conducted using a quantitative methodological approach, with 372 surveys administered to the entire population of public serverts in Ambato canton. The results of this study will contribute to a better understanding of the incidence of modern labor slavery in the public sector of this canton. Furthermore, it is expected that the findings will serve as a basis for designing and implementing policies and actions that promote fair working conditions and respect for human rights in this sector. The topic is of great interest as it addresses a new social issue that affects workers and their families by not adhering to mandatory rest periods established by law, thus undermining labor rights recognized in our constitution
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    Control de la corte constitucional frente a los estados de excepción por covid 19 y posibles soluciones
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho Constitucional, 2023-01) Vaca Tarco, Walter Gustavo; Saca Balladares, Melinton Fernando
    The violation of rights in all sectors in these last states of exception dictated by the national government has not been guaranteed within our Ecuadorian legal system, so within this investigation we seek to protect this right so that the well-being of people be guaranteed in times of emergency, ensuring that labor autonomy is protected so that they have a dignified life. Everything stated will be analyzed in law compared to other countries that suffered in the same way, so their experiences in relation to this topic of study will be explored and transplanted to our legal system. The subject of study is important and controversial at the same time taking into consideration that on the one hand the right to health, but at the same time the confinement of people entails a series of violated rights, including labor law in different marginal sectors. Therefore, it has been transcendental to investigate if the states of exception were analyzed from every point of view. The methodology used in the research has been with a qualitative-quantitative approach because the information is based on observation and treatment of inequality of rights through interviews and surveys; differences that have been given to people who have access to teleworking and those who fend for themselves through manual work. (self-employed); same that have been developed through documentary research From these surveys, the respondents believed that within the legal system the protection of labor law should be guaranteed in marginalized sectors in states of emergency, since not doing so violates other constitutional rights such as a dignified life, the state of emergency is accepted as health protection, however it is stated that labor law should be protected as a primary source of human beings. Therefore, based on these results, the protection of labor law in marginalized sectors of the Ecuadorian legal system is recommended.
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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.