Inconstitucionalidad de la sanción del art. 17 de la Ley Orgánica de Apoyo Humanitario.

Abstract

The Organic Law on Humanitarian Support to Combat the Health Crisis arising from COVID-19 has certain inconsistencies in Chapter III. Starting with Article 16, with a new figure of agreement between the parties and Article 17 which focuses on two sanctions: the first, which is found in the first paragraph of Article 17 of the Organic Law of Humanitarian Support, states that any of the parties to the labor relationship that fails to comply with the agreement will be sanctioned, and the second, the sanction that includes the compensation for unjustified dismissal of Article 188 of the Labor Code multiplied by 1.5 to employers who have unjustifiably invoked the cause of force majeure. In addition, there is a contradiction with what is established in the Single Interpretative Provision of this same Law. The purpose of this work is: first, to establish how Article 17, paragraph 1, violates the rights of workers, which constitutional principles this sanction would violate, and if it generates unconstitutionality due to the sanctions contained; second, if the sanction established in the same article, paragraph 2, is applied under the principle of non-retroactivity or not, and if so, how it would affect the rights of workers in the sanitary emergency. It was necessary to study the figure of Untimely Dismissal and force majeure contained in the Labor Code, as well as in the sole interpretative provision; and the Organic Law of Humanitarian Support.