Nuevo estándar probatorio en materia laboral : más allá de la simple declaración.

Abstract

This essay focuses on analyzing the transformation of the new evidentiary standard that will govern labor proceedings in Ecuador, based on the normative and jurisprudential evolution that has conditioned the evidentiary sufficiency of employee statements and deferred oaths. This study takes as its starting point the existing difference between employers and employees, primarily regarding access to and handling of evidence, in order to explain why labor law adopts a protective purpose, without implying that unilateral declarations should be accepted without proper objective support. From this perspective, this essay analyzes the transition from a more flexible criterion, determined by the provisions of the repealed Article 593 of the Labor Code, to a system subject to the rules established by the General Organic Code of Procedures, which stipulates that evidence must be assessed as a whole, according to sound judgment and with respect for due process. To this end, special attention is paid to the scope of Article 185 of the COGEP (General Organic Code of Procedure), which admits a deferred oath only subsidiarity for the purpose of proving length of service and remuneration, but does not allow a judgment to be based solely on this oath as evidence. In the same way, Resolution No. 15-2025 of the National Court of Justice is examined, providing that external elements must exist for the claimant’s statement to acquire sufficient evidentiary value. In this context, the present essay argues that procedural truth in labor matters cannot be built solely upon a simple statement, but rather upon the comprehensive assessment and coherent relationship between testimonies, documents, indicia, and other evidentiary elements, while seeking to maintain a balance between worker protection, legal certainty, and proper judicial reasoning.