Las medidas cautelares y su aplicación dentro del procedimiento laboral ecuatoriano.

Abstract

The present investigation is entitled The Precautionary Measures and their application within the Labor Code, which had as objectives, analyze, examine and determine the theoretical interpretation of the jurisprudential and doctrinal foundations that governs labor procedural law. In this way, strengthen the bases that lead to the modification of art. 594 in the conceptualization of prohibitions, kidnapping and rooting with the application of precautionary measures. Regarding these purposes, the research development focused on the positivist paradigm was carried out, with a quantitative approach, the use of inductive methods, doctrinal deductive doctrine, synthetic analysis, which allowed the study and measurement of variables, as well as the application of instruments of data collection such as the survey and the interview applied to lawyers in labor procedural law in the City of Guayaquil, Ecuador. In this sense, it was obtained as a result, that the precautionary measures applied in the work trials, do not respond effectively to the plaintiff's claims, inasmuch as there is an inconsistency in the form of the rule that does not clearly state the purpose of the prohibitions. , kidnapping and arraigo in accordance with the provisions of the new General Organic Code of Processes in art. 126, where the prohibition of disposing of property is described. This contributes, in the need to reformulate the art. 594, of the Labor Code, since it does not guarantee the conservation of the object subject to litigation in labor lawsuits. Descriptors: