Análisis de las denominadas funciones de confianza según el Código del Trabajo del Ecuador.

Abstract

Our Labor Code defines the term "employee of trust" in the case of employees who have "functions of trust and direction, this is the work of those who, in any way, represent the employer or take their place" (Labor Code, 2015). By virtue of this, those who are under this labor regime, carry certain responsibilities and obligations that a worker under a general labor contract does not have, such as being exempt from the payment of additional hours, being able to be sued on behalf of the company. , and not be subject to a fixed schedule, among others, as provided in Art.58 of the (Labor Code, 2015). Similarly, Art 36 of the (Labor Code, 2015), establishes that labor matters are understood as representatives of employers, defining them as those who "on behalf of their principals exercise management and administration functions" (Labor Code), 2015), without the need for these to have in writing the obligation as such. Additionally, he adds that in the relations and disputes with the workers, the representatives respond jointly with the employer. Notwithstanding the aforementioned, currently in Ecuador the function of trust functions is used in most contracts in order to avoid paying workers benefits.