Los representantes de los empleadores analizados a la luz del artículo 36 del Código de Trabajo

Abstract

the present investigation work referring to employers' representatives of article 36 of the Labor Code, the application of joint and several liability according to the way of suing through practical cases within Cuenca will be analyzed. In order to understand the correct application of the regulations at the time of filing labor claims; will be developed: In its first part, the generalities of joint and several liability in labor matters, this based on the regulatory supplementary indicated in article 6 of the Labor Code, as well as the labor jurisprudence itself that allows addressing, as appropriate, the solidarity obligations of doctrinal and normative manner established in Book IV Civil Code. In its second part, will be analyzed the article 36 of the Labor Code, for which the normative and jurisprudential labor framework in Ecuadorian legislation, will be examined according to the assumptions and exceptions that the norm develops, making special mention of the mistakes that according to the cases will be analyzed. In the last part of this investigative work, the practical application of the joint and several liability of the employers' representatives according to article 36 of the Labor Code will be determined, for which cases will be taken that have been resolved by the Labor Courts of Cuenca included in the period 2012-2019; and based on what has already been analyzed, know the errors that the lawyers have at the time of filing the demands with respect to those who place them as defendants.