Insuficiencia de coordinación normativa entre el artículo 24 de la Ley Orgánica de las Juventudes y el artículo 34.1 del Código del Trabajo.

Abstract

This research analyzes the legal problem arising from the insufficient normative coordination between Article 24 of the Organic Law of Youth and Article 34.1 of the Labor Code in Ecuador. While the former establishes the imperative obligation to hire at least 10% of young people, the latter delegates the determination of this percentage to the regulatory power of the Ministry of Labor. This normative collision generates an operative indeterminacy that violates the principle of legal certainty, the predictability for employers, and the material effectiveness of the right to a first job. Through a qualitative approach and dogmatic-legal research, applying hermeneutic and analytical-synthetic methods, the study deconstructs the nature of this normative insufficiency and the limits of regulatory power against the principle of statutory reservation. The research concludes that the 10% quota constitutes an unavailable legal minimum, which cannot be altered by administrative regulations. To rectify the mathematical deficiencies of the law (such as the lack of business thresholds and rounding rules), a legislative reform is proposed by incorporating Article 34.2 into the Labor Code. This legislative proposal seeks to harmonize the legal system, strictly limit the Ministry's competencies to technical aspects, and guarantee the effective compliance of affirmative action in labor.