Omisión del principio de favorabilidad en sanciones especiales no fijadas en materia laboral.

Abstract

The purpose of this research paper for the degree of Lawyer aims to analyze and resolve the unconstitutionality arising from the application of Article 7 of Mandate 8, which stems from the resolution of antinomy issued by the National Court of Justice, as it involves the imposition of fines in cases of special sanctions not established under labor law. This legal problem originates in Article 7 of Constituent Mandate No. 8, which establishes that in cases of violations of the Labor Code where no special sanctions have been established, the Regional Labor Directors shall impose fines ranging from three to twenty times the worker's basic unified salary, while Article 628 of the Labor Code establishes fines of up to two hundred United States dollars for such cases. In addition to this, the National Court of Justice issued Resolution No. 03-2017, which resolves that, given that Constituent Mandate No. 8 has the status of organic law and is subsequent to the Labor Code, the fines contained therein must be applied, thus omitting the application of the Principle of Favorability provided for in the Constitution of the Republic of Ecuador.