Análisis jurídico sobre la reducción d ela jornada laboral y su insidencia en la disminución de la remuneración de los trabajadores frente a los acuerdos ministeriales MDT-2020-077, MDT-2020-080, y la ley orgánica del apoyo humanitario.

Abstract

The present investigation was carried out to determine the constitutionality of MDT-2020-077 and MDT-2020-080 concerning Article 20 of the Organic Law of Humanitarian Support. These regulatory bodies entered into force in the Ecuadorian legal system in 2020 to combat the economic and labor crisis triggered by the arrival of the Sars-Cov-2 Virus to our country, which allows for the reduction of the working day as a measure to safeguard the sources of employment of millions of Ecuadorian citizens. These regulations did not achieve the purpose for which they were incorporated in our legislation and, on the contrary, served as a legal basis for many employers to affect several principles and fundamental rights of workers directly. The conclusion is that the norms enshrined in the aforementioned ministerial agreements regarding the Humanitarian Law are unconstitutional since they contravene the principle of progressiveness, the right to fair remuneration, and the right to a decent life for workers. These are protected in several international human rights instruments, which Ecuador is obliged to comply with, having signed and ratified them. Therefore, it is essential to repeal the rules contained in these legal bodies.