La transacción laboral en el Ecuador y la vulneración al principio de irrenunciablidad

Abstract

The inalienability of rights refers to the principle that certain fundamental rights cannot be waived or repealed by people, even if they wish to do so. This theory is based on the premise that rights inherent to human dignity are essential and fundamental for the protection of individuals (Calleja, 2019). The labor transaction is an agreement between the employer and the worker to resolve a labor controversy or conflict. In this agreement, both parties waive their rights and obligations to end the conflict. However, in some cases, the labor transaction may violate the principle of inalienability, one of the fundamental pillars of labor law. Basically, the labor transaction can be a useful tool for resolving conflicts between employers and workers. However, it is crucial to keep in mind that this tool should not be used to violate the fundamental principles of labor law, such as the principle of inalienability, the principle of worker protection, and the principle of equality. Particularly in Ecuador, the National Constitution establishes the labor transaction as a mechanism to resolve the conflict, as long as it does not imply renunciation of rights and is determined by an administrative authority or competent judge. In this sense, this research was carried out under a documentary methodology with a qualitative descriptive approach, to analyze to what extent the transaction in labor matters violates the principle of inalienability.