La prescripción extintiva de las acciones laborales frente al principio constitucional de intangibilidad de los derechos del trabajador

Abstract

This research analyzes the statute of limitations in the Ecuadorian labor sphere and its relationship with the principle of the intangibility of labor rights, as provided in Article 326, paragraph 2, of the Constitution. It examines the contradiction between Article 635 of the Labor Code, which establishes a three-year period for claiming labor rights, and constitutional supremacy, which guarantees the protection, permanence, and progressiveness of those rights. The study includes a doctrinal, normative, and jurisprudential analysis. From a doctrinal perspective, it compares positions that defend the statute of limitations as a guarantee of legal certainty with those that consider it incompatible with the protective nature of labor law. In the normative sphere, it evaluates the constitutional block and international treaties ratified by Ecuador, which require a pro homine interpretation. At the jurisprudential level, decisions of the Constitutional Court and ordinary rulings issued between 2020 and 2025 are analyzed, revealing disparate criteria regarding the application of the statute of limitations. The results show that this concept restricts access to justice and violates the intangibility of labor rights. It is concluded that the statute of limitations must be reinterpreted in accordance with constitutional supremacy and international treaties to ensure the effective protection of workers.