El estado de embriaguez como causa de visto bueno desde la óptica constitucionalista en Ecuador

Abstract

In this research work, I will analyze the problem that represents the protection of the rights of the employee who suffers disease, specifically with regard to the employee who suffers of alcoholism, from a constitutionalist perspective. Therefore, it is necessary to start from the national and international recognition of labor rights, having as a background that they respond to a historical struggle, with special reference to those that guarantee the stability of the employee who suffers disease, regardless of what type.

It will seek to distinguish conceptually between alcoholism and drunkenness, to understand if the process to end the employment relationship, is legal, or the authority should pay special attention in such cases.

Finally, I will refer to the Colombian case, because its Constitutional Court in 2013 already determined that people who suffer from substance dependence should be classified as sick. In 2016, it also through case C-636-2016, it declares the banning of employees to attend work intoxicated or under the influence of narcotics, exclusively when consumption directly affects work performance. I will make a comparison with the national regulation, seeking to reach a conclusion that allows determining if the existence of official pronouncements on the situation of the employee who suffers from alcoholism is necessary, and if the drunkenness as a cause to end the relationship labor is constitutional.