El derecho laboral frente al derecho artesanal en la legislación ecuatoriana: un análisis neoconstitucional sobre las remuneraciones adicionales

Abstract

In order to analyze the violation of the labor rights of dependent artisan workers, subject to the exemption of the payment of additional remuneration in the city of Azogues, it is necessary to develop this investigation in order to make visible the urgency of reforming or repealing the regulations current labor that contrasts with the precepts constitutions and affects the work, social and economic life of artisanal workers.

To achieve the above, the legal analysis of the constitutional rights and guarantees based on the principles of equality and non-discrimination of artisanal workers has been fundamental, demonstrating that the application of labor standards, in disagreement with the constitutional mandates, deepens the economic and social inequality of this population group, violating, among other principles, the principle of equality and non-discrimination.

Likewise, by contrasting labor regulations with the labor principles established in the 2008 Constitution, the unconstitutionality in the application of artisan laws, especially the Labor Code and its Articles 101, 115 and 302 that limit access to rights, is clearly evidenced. Labor rights that every worker should enjoy, being urgent the reform and repeal of these regulations that are opposed to the interests and rights of artisanal workers in order to adhere to neo-constitutionalism, where the constitutional mandates prevail over labor standards, guaranteeing decent work without discrimination of any kind. Moreover, it is known that the working conditions in which they work violate the right to social security, rest, work security, a healthy and adequate environment to perform their daily tasks, access to a fair salary, profit sharing and additional remuneration, which have an impact directly in other rights such as access to health, education, etc.