Limitaciones al derecho laboral en el derecho procesal ecuatoriano.

Abstract

Ecuador, in an effort for unifying all the adjective laws in one statute, has proposed a generic and uniform process for almost every subject regulated by the Law. Nevertheless, it was not considered that certain subjects have special characteristics due to its specificity and specialty. The labor oral trial is known for having determining peculiarities in terms of deadlines, specific labor principles, the protection for the weakest part of the employment relationship, and a great dynamism. However, the legislator considers that the summary procedure is a suitable process to solve these causes, along with others of different nature. The main objective of this work is to determine to what extent does the summary procedure turns out deficient and limits the defense of the labor rights of the parties. The legislator should have contemplated that the procedures of the GOCP were adapted to civil and commercial processes, while Labor Law is a Social Law that requires its own procedural regulation. With this purpose, it is suggested that the autonomy of the labor procedure in the Ecuadorian legislation is the best way to safeguard the labor rights of the parties involved.