Browsing by Author "Álvarez Coronel, Lourdes Eulalia"

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Contrato laboral por horas: análisis de los desafíos en su implementación
(Universidad de Cuenca, 2025-03-07) Pinos Quintanilla, Mónica Daniela; Álvarez Coronel, Lourdes Eulalia
Work is both a right and a social duty, serving as a source of personal fulfillment and the foundation of the economy. In a fluctuating labor environment, the implementation of new forms of employment contracts has become necessary to meet the demands of the labor market. However, it is essential that labor relations are established based on the constitutional principles and rights that protect workers, given their vulnerability as the weaker party in the employment relationship. The hourly employment contract is a mechanism for labor flexibility, primarily used to benefit employers and their needs, often to the detriment of workers. Therefore, it is crucial to analyze whether the implementation of this contractual modality results in a violation and regression of workers' fundamental rights enshrined in the 2008 Constitution, such as job stability, fair wages, decent working conditions, social security, and others. This analysis aims to prevent the precarization and exploitation of labor, which are contrary to the principles of a Social State governed by the Rule of Law.
El despido ineficaz en la legislación ecuatoriana
(2016) Pulla Buele, María Augusta; Álvarez Coronel, Lourdes Eulalia
The publication of a new law, brings the total or partial repeal of other laws and thus meet the urgent need of to know the reform that changes the legal situation regarding the matter governing. Such is the case of the Organic Law of Labor Justice and Labor Award at Home, published in April 2015, which amended the Labour Code and the Social Security Law, one of the most important issues of this reform, ineffective dismissal. The issue of absolute job stability in Ecuador, was only an illusion for workers, and words of a great professor of the Faculty of Law of the University of Cuenca, Doctor Jorge Morales, absolute stability was "simple yellow butterflies"; however, since April 2015, the absolute stability went from theory to practice, but only for a minimum group of workers, union representatives and pregnant or associated with their role as mothers women; because, for their vulnerability in the labor framework, the Labour Code Reform transformed the relative stability manifested in the wrongful dismissal of these workers. Under the phrase, "the law, once published is presumed known by all and cannot be claimed ignorance by anyone," all citizens within the constituency for which governs the new standard, we are obliged to inform us about such and this, purpose and main objective of this research, grant citizenship depth analysis of the labor reform precisely the provisions governing the application, scope, causes and effects of ineffective dismissal.
El acoso laboral y su regulación en el ordenamiento jurídico Ecuatoriano
(Universidad de Cuenca, 2023-03-02) Ormaza Naula, María Paz; Álvarez Coronel, Lourdes Eulalia
Labor harassment has been implemented in our legal system through the "Ley Orgánica Reformatoria a la Ley Orgánica del Servicio Público y al Código del Trabajo para prevenir el Acoso Laboral" in 2017, as a figure that responds to the need to have an specific, detailed and precautionary regulation to assist workers who are victims of it, however there are several deficiencies that do not allow a comprehensive treatment of it. So, based on interviews and doctrinal and jurisprudential instruments, an analysis has been made on the possible reforms of which this legal institution can be the object with the purpose of outlining a preventive scope and a comprehensive regulation that can fight with the complexity that entails the denunciation of these cases, in order to obtain according to the analyzed, a legal criterion that allows to encompass all the deficiencies in the regulation of labor harassment in order to be able to raise the necessary reforms.
El despido ineficaz establecido en el ordenamiento jurídico ecuatoriano
(Universidad de Cuenca, 2024-08-08) Pallchisaca Loja, Maythé Cristina; Álvarez Coronel, Lourdes Eulalia
The legal figure of ineffective dismissal was incorporated into Ecuadorian legislation in 2015 through the Organic Law for Labor Justice and Recognition of Work in the Home with the intention of protecting the labor stability of pregnant workers, maternity and union leaders due to the constant arbitrary dismissals that this group of workers have been subject to. This meant a great advance in the labor field, however, until now there have been difficulties in practice, which have not allowed the effective application of the law and in a certain way have affected the rights of individuals. Therefore, the purpose of this research project is to determine which are the deficiencies in the regulation of ineffective dismissal. For this purpose, the explorative, descriptive and qualitative method was used to show the historical progress, basic concepts, the regulation of ineffective dismissal in the Labor Code, as well as to examine the legislations of other countries and obtain elements that could benefit the Ecuadorian legislation, and finally it is complemented with the criteria of the legal professionals through a personal interview. Finally, with this study it was determined that the regulation of ineffective dismissal presents deficiencies, being the expiration the main one of them. Therefore, it is pertinent to consider the possible reform in order to comply with the objective proposed by the legislator.
El teletrabajo y la prevención de riesgos laborales en el sector privado
(Universidad de Cuenca, 2021-01-04) Narváez Cobos, Axel Wladimir; Álvarez Coronel, Lourdes Eulalia
Telecommuting is part of the technological and digital transformation by which our country and the world in general. The importance and novelty of this research work is that more and more companies and workers decide to opt for a provision of services legally linked to "remote work" and, consequently, there are also greater doubts about how the different obligations should be managed in the field of occupational risk prevention. Therefore, the purpose of this research is to identify the risks inherent in teleworking in the private sector, warn about business obligations in terms of occupational health and safety, and determine the basic preventive measures and actions to avoid them, as it is important that both employers and workers have a clear perception of the risks involved in this type of work and how to prevent them. To do this, in the development of this research, a bibliographic search was carried out with supporting documents on the prevention of occupational risks in teleworking. Subsequently, it was collected in international research to find out the differences that exist in developed and developing countries about the prevention of occupational risks in telework and thus be able to structure a theoretical and practical basis that avoids risks in this work modality. Finally, proposals were made that include basic action measures to prevent occupational risks in teleworking in the private sector.
El teletrabajo y las políticas públicas adoptadas frente al desarrollo de enfermedades psicosociales en el Ecuador
(Universidad de Cuenca, 2023-03-02) Corral Cuenca, Andy Orestes; Álvarez Coronel, Lourdes Eulalia
The theme of the degree work is called "Telework and public politics adopted against the development of psychosocial diseases in Ecuador", where it was investigated the way to ensure normatively, effective compliance with the exercise of the right to disconnection in telework, in order to avoid the development of psychosocial diseases of those who run the telework, this was executed through the analysis of Ecuadorian regulations in relation to telework. The methodology used was the mixed research design, that is, qualitative and quantitative, by the use of primary and secondary information presented in the content of the research; and, the research method used, is the inductive, by allowing to focus the problematic of the research from the particular to the general. Which led to research results, where it was determined that Ecuador does not comply with guarantee the effective exercise of the right to disconnect as public policy implemented in order to prevent the development of psychosocial diseases in teleworkers; concluding that there is negative impact on the health of teleworkers, making the effects on the right to disconnect, therefore, are negative.
Impacto de las reformas laborales del año 2010 en la contratación del servicio doméstico en el cantón Cuenca
(Universidad de Cuenca, 2020-01-31) Mulla Ávila, Freddi Humberto; Álvarez Coronel, Lourdes Eulalia
The present research analyzes the international and national rules that regulate the domestic work and an historical account about the changes in this conception. Analyzing the international instruments and jurisprudence of the Inter-American Court of Human Rights and the comparative legislation of Latin American countries such as Mexico and Colombia. In the national aspect’s perspective is about the rights consecrated in the Constitution that cover the social conglomerate that provides domestic services as well as it specifies the regulatory changes made from the year 2010 to the present date. A study is done on the salary components that are currently perceived by those who provide this service. With this data an analysis is done through surveys, interviews and information from institutions such as: IESS, Ministry of Labour and INEC on derived results from the change in the regulations of the domestic work in Cuenca city, and it gets negative results as the offer of this type of work has decreased, and the facto modalities have been generated, even degraded, under in which the domestic service is currently provided, and those who are engaged in this activity get placed in a precarious situation.
La inaplicabilidad de las medidas laborales propuestas por la moción del FMI, por su contradicción con los derechos laborales reconocidos por el ordenamiento jurídico ecuatoriano
(Universidad de Cuenca, 2019-12-02) Barros Figueroa, Andrés Daniel; Álvarez Coronel, Lourdes Eulalia
In the beginning of 2019, Ecuador requested the International Monetary Fund (IMF) a loan of approx. 4.21 billion dollars, through a letter of intention that expressed the willingness of embracing the economic policies suggested by the entity in the evaluation previously made in the country. In mid-2019, the IMF approved the loan requested by Ecuador with condition that the country must adopt a series of economic policies, among which it is possible to find labor reforms based on three axes: the flexibilization of the work contract, the elimination of hiring and firing costs, and the increase of the probation period. However, these measures centered on the capital over the human factor, are incompatible with constitutional and legal dispositions of the Ecuadorian legal system, and also, they contravene principles of Labor Law such as work stability, intangibility of work rights, protection of unemployment, among others.
Inclusión de personas con discapacidad, bajo la figura de trabajadores sustitutos: derechos, garantías y falencias en su aplicación en el medio laboral
(Universidad de Cuenca, 2022-02-17) Reyes Espinoza, Dania Marcela; Álvarez Coronel, Lourdes Eulalia
e to the creation of the Organic Disabilities act in 2012, the legal concept of substitutes was created among other advances that help to progress in labor matters regarding inclusion. These priority attention groups, which historically have been violated in a matter of rights, and have been minimized. The employer was forced to assume a position of rejection and see it as an expense and a workload that would affect their productivity. However, one of the relevant aspects in labor matters, that, the legislator took into consideration with the issuance of this regulation. it is the obligation of hiring 4% of people with disabilities in public and private entities that have at least 25 workers, whose implementation gives the opportunity of labor inclusion of relatives up to the fourth degree of consanguinity, and second of affinity. The legal representative or people who have under their care a person with a disability, using the legal concept of substitute workers, who are duly accredited by the Ministry of Labor. Nevertheless, in spite of existence of Ecuadorian regulations, and their connected laws that regulate the inclusion in the labor sphere, of this vulnerable group. The scope and protection of substitute workers against the worker, in general, has not been regulated especially. It leaves a dilemma on the protection enjoyed by those who hold this quality and are working since they are not people with special abilities. If they do not attend to replace the former, then they are covered with the same guarantees, and rights as this priority care group, or they are simply framed within the rights and guarantees that workers in general enjoy. What has been said before, it would be believed that the regulation would be insufficient on the aforementioned issue and that it will be discussed later.
Intervención de trabajo social en los accidentes laborales en la empresa Nutrí de la ciudad de Cuenca, en el período 2022
(Universidad de Cuenca, 2023-03-02) Ortiz Pachar, María Belén; Álvarez Coronel, Lourdes Eulalia
The present investigation focuses on the intervention of social work during job accidents in the company “Lácteos San Antonio Nutrí” in the city of Cuenca. The investigation measures the level of knowledge of the workers in case of an accident inside the company. In the same way, it has identified the types of occupational accidents that are the most common, and the social risk factors that affect their frequency. At the same time, during the investigation of the intervention of social work in cases of work accidents, it presentes the perspective of the collaborator and from the social worker. In the titling work, a statistically representative sample of 130 employees of the production plant has been considered. It was used the descriptive methodology, and the quantity methodology, which was used applying the survey instrument; likewise, it was considered relevant the support of a semi-structured interview that was carried out with the current social worker of the company. From this analysis, it was determined that the level of knowledge of the collaborators is high, since they know how to act, and understand the procedure to follow in the event of a work accident. In the same way, it is determined that there are several types of accidents, but more frequently entrapments in machines, which are classified as mechanical accidents. Additionally, the social risk factors are considered personal problems or difficulties, as well as overconfidence from the employees due to their work experience; also it showed that most of the respondents are unaware of how social work intervenes in cases of work accidents. Finally, it is described how social work respond in the accidents on the Company “Lácteos San Antonio Nutrí”.
La afiliación fraudulenta, en el sector privado, de aquellas personas que sin ser trabajadoras se benefician de las prestaciones del Seguro General
(Universidad de Cuenca, 2024-03-04) Carchipulla Illescas, Edisson Alexander; Álvarez Coronel, Lourdes Eulalia
Fraudulent affiliation commonly occurs within the private sector when an employer agrees with an individual to fake an employment relationship, causing an economic impact for the IESS. This figure affects individuals who benefit from the provisions that this institution offers to its insured members. Due to limited information on the subject and its dissemination, individuals often opt for this arrangement without realizing that they are engaging in fraudulent affiliation. Therefore, this study analyzes situations that may lead individuals to engage in fraudulent affiliation. The research methodology involves an analysis of fraudulent affiliation in the private sector through a review of existing studies. A review of fraudulent affiliation processes recorded in the country is conducted, and interviews with professionals are used to gain a profound understanding of the problem. The results revealed the existence of common patterns of behavior within fraudulent affiliation. The implementation of regulations to control this practice is deemed impractical, as it is already regulated by IESS Resolution C.D. 625. Instead, it is proposed that the IESS develop public policies on the subject to educate individuals and prevent them from falling into fraudulent affiliations, thereby safeguarding resources allocated to those in need.
La estabilidad laboral reforzada de trabajadores en situación de vulnerabilidad, en la legislación ecuatoriana
(Universidad de Cuenca, 2024-08-06) Ortiz Ordóñez, Sebastián Francisco; Álvarez Coronel, Lourdes Eulalia
Work is an essential economic activity for human beings, both at the individual level, as a source of subsistence, and at the social level, driving the advancement of society. Therefore, it requires special protection from the state through laws and public policies. As a result, labor law has been strengthened, especially in its protectionist dimension in favor of workers, who are the weaker part in this relationship. This level of protection can be more or less rigorous, depending on the specific characteristics of the subject of protection. Advances in the field of rights, hand in hand with the contributions of constitutionalism and international law, have allowed the creation of important legal institutions, such as the case of reinforced labor stability for workers in vulnerable situations, understood as a guarantee of preservation of their jobs when they have been dismissed for arbitrary reasons. Undoubtedly, this is an example of the effort made in the search for real equality in a society as unjust and inequitable as ours. However, there are questions about its application and limits, which need to be resolved in order to guarantee effective, efficient and equitable labor protection
La falta de probidad como causal de visto bueno – sentido, alcance y su diferencia con la conducta inmoral en la legislación laboral ecuatoriana
(Universidad de Cuenca, 2021-11-30) Lojano Farfán, Juan Andrés; Álvarez Coronel, Lourdes Eulalia
The lack of probity contemplated in the Ecuadorian Labor Code is on the common and most serious causes of termination of the employment relationship, since it authorizes the employer unilaterally to terminate the employment contract, without paying the corresponding severance pay. Untimely to the worker. This work carries out an in-depth analysis of the lack of probity and its difference or discrepancy with the immoral behavior of the worker, gathering and systematizing the most relevant aspects of this cause contemplated in article 172 #3 of the Labor Code, and, consequently, the challenges regarding its correct application or qualification by the administrative and judicial authorities in the processes of termination of the employment relationship under this cause. In such a way, that the object of the investigation is to establish the elements that define the lack of probity, the meaning, the scope of it and how it has been understood both by doctrine, comparative law, Colombian jurisprudence and cases resolved by the Ecuadorian administration of justice, and through examples to determine their contrast with the immoral behavior of the worker, how these are correlated, forming a single cause established in paragraph 3 of article 172 ibidem.
La Jubilación Patronal en el Ecuador ¿eliminación, avance o retroceso?
(Universidad de Cuenca, 2023-03-06) Atiencia Alvarado, Samantha Karelis; Álvarez Coronel, Lourdes Eulalia
The objective of this investigative process was the comparative analysis of the Figure of Employer Retirement, in order to identify if its elimination is progress or regression, in relation to the reasons for the creation of this figure and the consequences of its application regarding to the current needs of Ecuadorian workers and workers. For the fulfillment of the investigative object, a comparative analysis of the figures of the employer's retirement and the retirement fund was carried out, to identify the pre-existing legal gaps in these proposals and to identify if the application of article 216 of the Ecuadorian Labor Code is a regulation that generates labor instability, directly related to the increase in untimely dismissals of workers close to acquiring this right. The characterization was carried out through a deductive process, which began with the explanation of the origin, historical evolution, normative analysis and conclusion of these two figures, by identifying the positive and negative elements with their main repercussions on the employment relationship. The results obtained from the comparative analysis of these figures, allowed us to establish that elements such as: period, labor instability, provision of services to a single worker, legal loopholes and recovery of rights are considered vital elements for a comprehensive analysis of Retirement. Employer, as well as for the elaboration of an underlying figure (Retirement Fund) that replaces the first one without generating negative repercussions for job stability or violating the rights of the subjects of the employment relationship.
La mujer en el trabajo: un nuevo desafío para precautelar el derecho a la salud
(Universidad de Cuenca, 2024-03-05) Quezada Ochoa, Camila del Rosario; Álvarez Coronel, Lourdes Eulalia
Despite the fact that the incorporation of women into the labor market constituted a significant advance, and that there is currently a wide regulation in this regard, under a mask of a false equality between men and women, biological needs that have repercussions on the development of daily work and affect the quality of life of those who suffer from it are made invisible. Thus, this project focused on analyzing the feasibility of incorporating menstruation leave in our country. Thus, in the first two chapters, the descriptive method was used to outline the normative and doctrinal foundations of the incorporation of women to work and the various complications of menstruation; and, in chapter three, the critical-descriptive analysis method and the interview technique were used to examine the recognition of this type of leave in comparative law, determine the status of this problem in our country and generate a tentative proposal for the addition of this leave in the Labor Code. Finally, through this research, it was determined that the regulatory implementation of this leave is necessary as a labor guarantee to safeguard the right to health of menstruating women and menstruating persons.
La nueva modalidad de contrato laboral según la Ley Orgánica de Apoyo Humanitario: El Contrato Especial Emergente
(Universidad de Cuenca, 2025-01-23) Cabrera Ortega, Cristopher Santiago; Álvarez Coronel, Lourdes Eulalia
The present thesis is titled “The New Modality of Employment Contract According to the Organic Law of Humanitarian Support: The Special Contract,” resulting from the analysis of Article 19 of the Special Emergent Contract, contained in the aforementioned law that was enacted in response to the severe economic crisis caused by the COVID-19 pandemic. This new type of contract re-establishes fixed-term contracts in Ecuador, which were repealed in 2015. Its implementation aims to preserve sources of employment; however, the conditions under which this special emergent contract is established could facilitate abuses by the employer in the labor relationship, creating a wide margin for possible violations of workers' rights. Job stability is one of the most significant social achievements for workers, as it provides economic security by offering continuous income to meet their basic needs and those of their families. The introduction of the Emergent Special Contract into the Ecuadorian legal framework puts this principle of job stability at risk, which is guaranteed in the Constitution of the Republic of Ecuador. The research is documentary, utilizing an analytical approach at a descriptive level. The sources consulted include regulations, jurisprudence, and doctrine, while the techniques employed are interviews and observation, supported by instruments such as the interview guide and the observation guide. The main result obtained reveals that this type of contract undermines job stability, constituting a setback in the rights and labor achievements of workers.
La situación jurídica de los maestros jubilados desde el año 2008. Vulneración del derecho a la igualdad, no discriminación y otros derechos por el retraso en el pago del beneficio jubilar
(Universidad de Cuenca, 2021-01-05) Alvarado Cárdenas, Karina Paola; Álvarez Coronel, Lourdes Eulalia
This research work addresses the study of the legal status of retired teachers since 2008, which becomes important with the recognition of a retirement benefit under equal conditions for the entire public sector in 2010 with the implementation of the Organic Law of Public Service. This legislative fact affected previously acquired rights enshrined in the Constitution of the Republic of 2008 regarding the calculation of the economic compensation for the retirement of Ecuadorian teachers. Since then, several regulations, provisions, decrees and proposals have been made by the previous and current government, which has made it difficult to reach an agreement between the State and the teachers, since the payments for the retirements have been delayed since 2008 and there are still retired teachers who do not receive their retirement incentives. Despite the fact that the elderly belong to the priority groups in our Constitution and are considered even more so through programs by the current government, access to their right to retirement continues to be an uncertainty and therefore a violation of the rights of the elderly.
Reconocimiento en la legislación ecuatoriana del acoso laboral: estudio a su eficacia en las capitales de Azuay y el Oro
(Universidad de Cuenca, 2020-11-11) Díaz Valle, Sandra Denis; Álvarez Coronel, Lourdes Eulalia
Esta investigación realiza un estudio sobre la eficacia que ha tenido el reconocimiento normativo del acoso laboral en nuestra Legislación como causal para terminar la relación laboral previo a trámite de visto bueno. Inicia con una revisión conceptual sobre qué es acoso laboral, su clasificación desde el punto de vista de varios doctrinarios, sus diversos tipos y las teorías entorno al fenómeno estudiado. Más adelante, se analiza cómo se regulaba el acoso laboral antes de ser reconocido como causal de visto bueno, además cómo se encuentra regulado actualmente en nuestro Código de Trabajo, los medios de prueba válidos y cuáles son las indemnizaciones a las que tienen derecho las víctimas. Finalmente, una medición a la eficacia de la norma a través de entrevista a varios Inspectores de Trabajo, una breve revisión sobre cómo se regula el mobbing en otros países y el análisis de un caso práctico, mediante el cual se trata de esclarecer si la normativa es aplicable y eficaz.
Salud y seguridad ocupacional: El efecto de la sobrecarga laboral y la relación con los derechos laborales del personal del Centro de Salud Tipo C, Materno Infantil IESS, Cuenca, año 2024
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2025-11-21) Lojano Mejía, Manuel Aurelio; Álvarez Coronel, Lourdes Eulalia
This study analyzes the relationship between work overload and its impact on the work and family environments of workers at the Type C Maternal and Child Health Center (IESS) in Cuenca. This study aims to propose preventive and intervention measures to improve their quality of life. To this end, three specific objectives are addressed: to scientifically review the effects of work overload, evaluate its impact on staff quality of life, and design a proposal for labor policies aimed at protecting mental health. The methodology employed is a quantitative, non-experimental, and cross-sectional approach that allowed for data collection at a specific time point without manipulation of variables, ensuring an objective view of the phenomenon. The study adopted a relational approach that allows for exploring interactions between variables in the work and family environments. The main results show a correlation between work overload and a deterioration in quality of life, manifested in high levels of stress, affecting family relationships, and a decrease in general well-being. In conclusion, the research confirms that work overload negatively impacts various aspects of workers' lives, highlighting the urgent need to implement workplace policies that prioritize work-life balance and promote healthy and sustainable work environments.
La situación laboral contractual de los futbolistas profesionales con los clubes deportivos en el Ecuador
(Universidad de Cuenca, 2020-01-23) García Andrade, Iván Israel; Álvarez Coronel, Lourdes Eulalia
This research project analyzes the internal and international regulatory framework regarding the contractual employment situation of professional football soccer players within sports clubs in Ecuador. The aim is to determine that the "Law of the Professional Footballer" passed on June 15th, 1994 is a law with notable gaps and legal abuses for the protection of professional soccer players rights in which exists arbitrariness from sports clubs through their legal representatives by seeking their own benefits and taking advantage of the soccer player sports conditions. In Ecuador, most sports clubs do not fulfill their labor obligations derived from contracts, such as; there are delays in the payment of monthly salaries, they do not affiliate soccer players in the Ecuadorian Institute of Social Security, they require soccer players to claim their rights in a prior and mandatory manner to the Ecuadorian Football Federation Special Arbitration Court as an alternative solution mechanism of conflicts. This is, they violate their freedom to direct and free access to ordinary justice and effective judicial protection. It must be taken into account that there is an international regulation that is obliged to be complied with by clubs that are affiliated with the Ecuadorian Football Federation through regulations and statutes issued by the International Association Football Federation. FIFA is the highest governing body of the football soccer world that ensures the protection of the rights of professional football soccer players without violating provisions of the domestic legal system. The applied methods were deductive, historical, and comparative since it is an analytical investigation. Due to the above, a reform is proposed to the Law of the Professional Footballer in order to improve the legal labor relations and the legal security between sports clubs and the professional footballer in the practice of his profession.