La simulación de los contratos de prestación de servicios por insuficiencia normativa.

Abstract

This degree work conducts an in-depth analysis about the legal institution of the civil service provision contract. Through this contract, knowledge and skills can be leased, resulting in a specific work or a specific service; however, some employers who maintain employment relationships with workers use this type of contract to avade their employer responsibilities. This situation undermines the proper application and exercise of labor rights, for the reason that as workers without a registered employment contract are deprived of the benefits and protections afforded to them by law. This simulation weakens the Ecuadorian legal system, since it infringes the rights enshrined in the Constitution and in the conventionality block, which is incompatible with the principles of the rule of law. In this investigative work, reforms are proposed to the different regulatory bodies, which establish rules for labor judges who must hear cases in which this type of contract is alleged, so that they do not decline to know them due to the existence of clauses arbitration in its content.