Antinomia sobre responsabilidad solidaria entre el Código de Trabajo y la Ley de Compañías.

Abstract

In Ecuador, the coexistence between article 36 of the Labor Code and article 260 of the Companies Law generates a regulatory contradiction regarding the responsibility of company administrators. While the Labor Code establishes that they must respond jointly with the company for labor obligations, the Companies Law limits their responsibility exclusively to their administrative and management functions. This discrepancy creates a scenario of legal uncertainty, especially in cases where labor rights are violated, due to the lack of clarity about which regulations should prevail. The present analysis addresses this problem from a doctrinal, legal and jurisprudential approach, evaluating the implications of said contradiction in the protection of labor rights and in the legal security of business administrators. In addition, legal and legislative solutions are proposed that seek to harmonize both regulations, establishing a balance between the defense of workers' rights and the adequate delimitation of the responsibilities of administrators within the corporate sphere.