Constitucionalidad de los acuerdos suscritos entre trabajador y empleador durante la emergencia sanitaria conforme a la jerarquía normativa

Abstract

The global health crisis caused by Covid-19 had a huge impact on the development of social-economic activities, in Ecuador a state of exception was decreed on March 16, 2020. This produced legal conflicts related to Labor Law and to mitigate this problem, a emerging regulations such as: the Organic Law of Humanitarian Support (LOAH), which until now generates serious legal controversies, due to the application of agreements between workers and employers, which intends to support the "sustainability of employment", but generates the question: agreements entered into between workers and employers during the Covid-19 pandemic, which modify wages and working hours overlap and violate constitutional principles and rights such as inalienability and fair remuneration? In this regard, this research is significant due to the doctrinal, jurisprudential and legal analytical approach on the topics: normative hierarchy and signing of agreements, which set new salaries, suspend or reduce the working day, in addition to verifying compliance with the Ecuadorian constitutional order regarding rights, principles and guarantees. The theme corresponds to the line of research: public policies, law and society; For this reason, a descriptive study is carried out, using the qualitative-quantitative methodology, which begins by collecting information synthesized by reading secondary sources and is complemented by the application of surveys. Thus, as a primary result, the confirmation of the violation of fundamental rights produced by the conclusion of agreements between workers and employers is obtained. Therefore, the repeal of the LOAH is proposed, which fails to observe the constitutional and international regulations regarding worker rights.