La libertad de asociación sindical y la contribución obligatoria de trabajadores no sindicalizados en Ecuador

Abstract

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.