Examinando por Autor "Becerra Dumancela, Karla Stephany"
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Ítem Solo Metadatos Efectos jurídicos sobre la vulneración de los derechos del trabajador en el despido intempestivo(Universidad Católica de Cuenca., 2023) Araujo Saeteros, Gisella Estefania; Becerra Dumancela, Karla Stephany; Carpio Flores, Luis Manuel; 0150254167; 0106045834The protection of workers' rights within Ecuador’s labor system is a controversial issue that has received little attention from researchers. Consequently, many actively employed and formally contracted workers currently experience frequent violations of their fundamental rights. During the development of this research, it has been intended to analyze the essential legal norms, focusing specifically on the violation that occurs during the calculation of the untimely dismissal. This calculation is contingent upon the nature of the work performed by the employee, as stipulated by law. Based on the analysis carried out in the research, a proposal for reforming the regulation governing the calculation of severance payments is presented to bring about harmony. The current system distinguishes between three forms of calculation within the labor activities, originating a controversial and concerning situation. This is because remuneration value is not uniform but rather varies, encompassing additional payments such as overtime, bonuses, and/or commissions, among others. These variations affect and violate workers’ essential rights, as they receive a mixed or variable income until the moment of dismissal. Consequently, some workers benefit, while others are adversely affected.
