Jurisprudencia y Ciencias Sociales
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Item Sistema laboral en los centros de maquila y los derechos fundamentales del trabajador(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Morales Morales, Adriana Carolina; Masabanda Analuisa, Galo IvanThe maquila business has evolved from its origins when the wheat mills of the neighboring countries milled their own wheat and paid with the processed flour to the present day, this has motivated governments of underdeveloped and developing countries to increase their economy by having large companies hire maquilas in exchange for providing employment to locals with a very low tariff and sometimes no tariff on the import or purchase of raw materials, This has unleashed several controversies because these industries are the ones that most violate workers' rights, with excessive workloads, extended working hours, no written contracts, precarious workplace conditions, no labor benefits and lower wages, The present investigation is based on the study of the laws that favor the employer who qualifies as an artisan with the purpose of having more economic income due to tax benefits, This study was carried out in the city of Pelileo because it is one of the most productive cities of garments, specifically of Deming fabric or better known as jean, where a large number of maquiladoras are concentratedItem 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 PatricioIn 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 researchItem 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, GabrielaThe 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.Item La estabilidad laboral de la mujer embarazada en el sector público y el contrato ocasional de prestación de servicios(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) León Gordon, Kevin Gustavo; Espín Sandoval, Luis FernandoGraduation work under the modality of Research Project entitled "THE LABOR STABILITY OF PREGNANT WOMEN IN THE PUBLIC SECTOR AND THE OCCASIONAL CONTRACT OF SERVICE PROVISION". Its purpose is to ensure the employment stability of pregnant women in the public sector and that their right is not violated by the application of contracts for the provision of occasional services. Labor stability in Ecuador has been a subject much criticized since many years ago, and for this reason the labor legislation has been modified in several ways in order to give greater emphasis to this sentence of labor stability that was treated as a dead word in the Law, since it did not apply its true legal context, and more so when it comes to contracts for the provision of occasional services conditioned to a period of no more than two years and that without many of the times the state of gestation of the public servant In the same way, they are terminated, thus affecting not only labor stability but also against the human reproduction rights of working women provided for in the Constitution of the Republic of Ecuador. investigation. The reforms implemented through the implementation of the labor justice law helped to eliminate several forms of employment established in the Labor Code, including fixed-term contracts, which seeks to promote labor stability through law, But in the Organic Law of the Public Sector no legal reform has been given that allows the right to work stability, thus violating the rights of public servants, and in application of what is determined by Art 146 of the General Regulation to LOSEP Such contracts for the provision of occasional services may be terminated before the date for which the contract was made. For this reason it is sought to study this social legal problem, which involves several public servants and especially public servants in a state of gestation, remembering that the law is the one that prohibits and allows, and that protected under this legal precept Violate constitutional and human rights on the labor stability of public servants, since the LOSEP is not a legal norm guarantor of constitutional rights and because of this, reform is needed to conform to the social reality of the country.