La nueva modalidad de contrato laboral según la Ley Orgánica de Apoyo Humanitario: El Contrato Especial Emergente

Abstract

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 This new type of contract re-establishes fixed-term contracts in Ecuador, which were repealed in 2015.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.