La irrenunciabilidad de los derechos del trabajador frente a la prescripción de la acción para reclamar

Abstract

Labor Law constantly struggles under the purchasing power, which acts in the non-observance of the respect of the fundamental rights of the working human being, who has been the victim of the null participation in the protection by the State, to progress economically without watching over the principles, duties, and right that the contracting parties between the employer and the worker must accomplish. The need of the most vulnerable subject leads one to accept undignified, inhuman, and violating treatments in which rights that are mandatory in the development of labor activities have been oppressed, eliminated, or yielded, coming from the voluntariness under the knowledge or ignorance because it cannot be accepted under the application of the doctrine of the protective principles, of guardianship, pro worker and inalienable, the duty of respect for human dignity and labor stability, which are embodied in the rules of the Constitution of the Republic of Ecuador of 2008. Therefore, they can be exercised through the claim action that requires the correct legal adequacy of the legitimate and certain claim before the jurisdictional bodies that will resolve under the study, analysis, and application of the regulations, as long as it has not been prescribed by the passage of time of inactivity, concluding with the best resolution that determines the end to the conflict between the parties.