Análisis del capítulo de derechos laborales de la Ley Orgánica de Apoyo Humanitario.

Abstract

The world is living a health crisis due to a virus called COVID-19, coming from the city of Wuhan, China, the expansion of the virus has caused millions of infected and deaths, because of this the planet has been paralyzed, and Ecuador has not been the exception and have been register hundreds of cases of the COVID-19 disease, for this reason, the President of the Republic of Ecuador, Mr. Lenín Moreno Garcés, through the executive decree No. 1017, declared A state of exception, with this restricted human mobility throughout the Ecuadorian territory, except for essential workers, with this many companies stopped the production of their work and the employees could not work, causing dismissal of workers, many of them from unjustifiably, other companies bankrupt due to the state of emergency due to the pandemic. It is in this context that the Organic Law of Humanitarian Support is created to combat the health crisis derived from Covid-19, it aims to establish humanitarian support measures, necessary to face the consequences derived from the health crisis caused by COVID-19, In Chapter III entitled “Measures to support the sustainability of employment”, this chapter talks about reducing working hours and wages, as long as the poor financial state of the company is justified, force majeure, it talks about the agreements between employer and worker, no profit sharing, investing profits in the company; creates a new emerging contract, the enjoyment of holidays will depend solely on the employer, teleworking is put into law for the first time as a formal and paid job, adjusts unemployment insurance according to current reality, prioritizes work for professionals health, public policy incentive, based on merit and opposition contest, they will be declared winners and will be given a final appointment.