Browsing by Author "Tapia Rivera, Enma Teresita"

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Aplicación de los principios laborales al momento de dictar una sentencia de mérito en casación en el Ecuador (desde junio de 2018 hasta marzo 2022)
(Universidad de Cuenca, 2022-05-10) Torres Sarmiento, María Emilia; Tapia Rivera, Enma Teresita
The cassation is an appeal of an extraordinary nature that is filed against definitive rulings within the judgments of knowledge; traditionally, it is conceived as a means of challenge that has the purpose of reviewing, exclusively, the resolution that is the subject of the appeal. However, Ecuadorian legislation allows The National Court’s judges, not only the reviewing of the contested order or judgment, but also to examine other procedural pieces, including evidence, in specific cases determined by law and when it comes to dictating a sentence of merit. The present investigation seeks to explain what is a judgment of merit, when the judges of the Ecuadorian National Court of Justice, specifically, the Labor Chamber, can resolve the appeals based on the records and the evidence presented in the process and exemplify, how the labor principles have allowed to solve different controversies in the submitted cases to the extraordinary appeal of cassation.
El acoso laboral, inferido al trabajador como causal de terminación de la relación laboral- factibilidad probatoria
(Universidad de Cuenca, 2020-08-12) Vásquez Salinas, Bernarda Michelle; Tapia Rivera, Enma Teresita
The present research focuses on the theoretical-practical study of the evidence on workplace harassment as a cause for termination of an employment, through the institution of approval and its evidentiary reality both in administrative headquarters and in its subsequent prosecution. The legal figure of workplace harassment constitutes several types of behaviors that undermine the dignity of the person who suffers it, behavior that may be carried out by the employer to the worker, the worker towards the employer or between workers, which has as its origin the employment relationship between the parties, whose purpose will be the voluntary dismissal of the harassed person from work, thus avoiding the compensation that untimely dismissal implies as an arbitrary and unilateral act. As workplace harassment is a conduct that violates fundamental rights, national regulations have regulated this cause differently therefore, ecuadorian law empowers the harassed person to present indications of this pernicious conduct, which places the harassed person in another evidentiary reality, then dynamic evidentiary burdens are activated, a presumption is born in favor of the harassed person and the principles that protect labor right are enhansed.
Los representantes de los empleadores analizados a la luz del artículo 36 del Código de Trabajo
(Universidad de Cuenca, 2020-07-15) Heras Cañarte, Stalin Daniel; Tapia Rivera, Enma Teresita
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.