Derecho procesal laboral y COGEP: ¿regresividad de los derechos laborales?

Abstract

The current research study explains the principles of the labor procedural system and its normative autonomy regarding the civil process. Additionally, the protective duty of the state is analyzed and the importance of an adjective guarantee regulation that effectively protects labor rights in accordance with constitutional guarantees and international treaties through a review of theoretical and legal sources. Moreover, it analyzes the right to equality of arms as a mechanism to balance inequality between the parties. This study determines that the Ecuadorian legal system does not correctly protect the mechanisms of effective judicial protection in labor law. The legal impact of the promulgation of the General Organic Code of Processes and its application in labor matters is analyzed by transferring provisions of civil procedures to the labor scope resulting in the inapplicability and ineffectiveness of said regulations in labor disputes. In addition, in order to achieve this study objectives, the qualitative methodology was used, analyzing the access to the means of proof by the worker and the burden of proof in the worker- employer relations. Concluding with a comparison from the international law perspective regarding the evidentiary load from which arises the workers' rights armored protection and guardianship.