Análisis de la efectividad de los acuerdos de preservación de fuentes de trabajo regulados en la ley de apoyo humanitario dentro del sector empresarial de Cuenca

Abstract

This study is an interdisciplinary research that is intended to determine the effectiveness (or success) of the rule called worksource preservation agreements, in the business sector. These agreements try to mitigate the negative results of coronavirus pandemic into ecuadorian labor sphere and they are regulated in Ley Orgánica de Apoyo Humanitario (Organic Law on Humanitarian Support), made in order to fight against the health crisis provoked by COVID-19. With that purpose, at first, the research analyzes the rule that regulates the worksource preservation agreements; later, clarifies the goals that the legislator chased when regulating the agreements; after that, examines the doctrine related to effectiveness of legal standards; next, determines the presence (or no presence) of an economic and labor crisis, suficiently high to justify the making of the rule; and finally, conducts a field study trough a survey made to a group of companies from Cuenca city, randomly choosen. In the end, it determines the aplication or non-aplication of the agreements in the business sector and the success or the failure of the aplication by companies from Cuenca.