Implementación de contrato especial emergente y su afectación de los derechos laborales en el Ecuador.

Abstract

The worldwide sanitary emergency caused by the SARS-CoV-2 virus (COVID 19) has had an impact on the legal norms, the different areas of Law, especially in the labor field, new forms of contracting have arisen, such as the special emerging contract. This type of contractual modality is incorporated as a response to the problems caused in the companies by the pandemic, it is a current issue in our country that deserves a review from its legal nature, affecting the rights of workers and its effects. The incorporation of this contract suffers from shortcomings and loopholes that have caused uneasiness and concern among workers, expressing that it threatens their labor stability. Although the application of this contract is a measure aimed at safeguarding the productive activity of private companies, avoiding the economic collapse of the country, preventing the growth of unemployment rates temporarily and that businesses do not go bankrupt; however, it is important to review labor rights, a regulation that is born a priori without considering the needs currently faced by workers with reference to the economic situation that the country and the world is going through. The present work analyzes this new type of contracting, the rights of the worker and constitutional principles that have been violated; its nature and the distinctive characteristics of other contracts will be investigated, the contractual modalities applied by other countries in their labor regime and propose a solution to the exposed legal problem that facilitates its correct application and effectiveness respecting the rights of the workers.