Responsabilidad solidaria del Estado Ecuatoriano respecto de las obligaciones laborales emanadas dentro de la contratación pública-privada

Abstract

It is the primary obligation of the State to guarantee labor rights. Protecting labor rights involves safeguarding the effective validity of the right to existence. The state administration is responsible for the violation of fundamental rights, originated in stating and and executing both legal and illegal acts (Mogrovejo, 2009). In this representation, at national and international level, critical scenarios in the work area are presented. The main purpose is to reduce labor costs, creating greater profits for the employer. Modality mainly applied by the central government; whereas a legal person with extensive powers, although trying to defend universal interests, however, such practice violates the human rights of each worker. The structure of this work is based on an initial section where a historical review of Labor Law is taken into consideration, because after several struggles it led to the emergence of various labor rights and precautions, among which is the institution of labor solidarity, which is located as a specific category in the analysis of responsibility in obligations, in order to establish what happens with the figure in Ecuadorian labor law. In a second section, it is identified as the tertiary Ecuadorian State in labor commitments derived from public-private contracting, referencing clauses that are usually linked in this type of contracting, then emphasized the solidarity responsibility of the regime as an instrument that overcomes realize the rights of workers from the employer's labor obligations.