Análisis de la constitucionalidad de la Ley Orgánica de Apoyo Humanitario para combatir la crisis sanitaria derivada del COVID 19 en el ámbito laboral.

Abstract

This research project seeks to carry out an analysis of the constitutionality of the Organic Law of Humanitarian Support to combat the health crisis derived from COVID 19 (hereinafter LOAH) in the workplace, this law entered into force on June 22, 2020, In September 2020, it has 23 unconstitutionality claims from different sectors, workers' unions and federations of the productive sector. This work analyzes articles 16 to 21 of the LOAH, in each of them the proposed modifications are fulfilled and their comparison to the principles and rights established in the Constitution of the Republic, an analysis is also made with the working conditions established in the Labor Code, an analysis of some international instruments related to labor relations is carried out; in order to determine the rights linked to the application of the LOAH, as well as compliance with national and international regulations and the modifications proposed by the LOAH in accordance with the principles of constitutional supremacy and compatibility. The national and international guiding principles regarding the intangibility of rights will be analyzed in order to determine the constitutional and progressivity of labor rights of the norm. The limit of legislative power is also analyzed. Considering that, in our country, a concentrated constitutional control is carried out, it will correspond to the Constitutional Court to exercise the material control of the law, reason for the analysis, and its resolution on the 23 claims of unconstitutionality presented, the first hearing being held on October 29 2020 with the speaker Dr. Alí Lozada.