La vulneración de los derechos de operarios artesanos, establecido en el artículo 302 del CT, una mirada constitucional.

Abstract

Academic article based on the identification of the existence or not of "The Violation of the Rights of Artisan Workers, established in article 115 and 302 of the Labor Code, from a Constitutional perspective, due to the current inequality in the Ecuadorian labor field, between artisanal workers versus workers in general, regarding the benefits of additional remuneration. Research aimed at demonstrating the existence or not of the violation towards this vulnerable group, and emphasizing that in 2024 a change was implemented in the tax regime known as RIMPE, which determined the tax effect on qualified artisan taxpayers who exceed $ 300,000; therefore, a change must also be made in the Labor Code to improve the employment situation of artisan workers, since they do not receive additional remuneration, like any other worker in general. Problem reflected in legal bodies since they exempt qualified head artisans from this payment. Finally, a reform to the Labor Code is suggested, since it is of vital importance for artisanal workers to respect their labor rights, because constitutionally the principle of equality must be applied, where it is recognized that they should receive these additional values such as the thirteenth, fourteenth, profits and reserve fund.