Vulneración de los derechos de los empleados y trabajadores ante la promulgación de la Ley Orgánica de Apoyo Humanitario en época de pandemia - SARS – COV - 2.

Abstract

Currently, due to the severe economic crisis caused by the pandemic known as COVID -19, the State of Ecuador has implemented the Humanitarian Support Organization Law in its legal system, which establishes in its article 19 a kind of Contract in the one that the right work fades. Therefore, it violates the principles stipulated in the constitution. It should be noted that, in our constitution, labor rights are inalienable and intangible; furthermore, it declares that work of equal value will receive equal pay, and it also states that a fair remuneration wage can at least meet the basic needs of workers and their families. These rules are consistent with each other. This type of treaty is consistent with the international one. The purpose is to analyze whether the previous clause violates the right to work, particularly in terms of job security. Due to the use of facts such as inductive deduction and logical history, the research is mixed and focuses on the qualitative. Therefore, it is true that the merger of these new forms of contract has created a feeling of insecurity at work, thus violating the constitutional principle of job stability for workers. As a contribution, this article has been amended to guarantee the replacement of the constitutional rights of workers. This project is developed through descriptive, analytical, comparative, evaluative and bibliographic research. In the field of action that is developed is through a comparative analysis of the laws, consulting through a survey whether constitutional rights are violated with the crisis of the pandemic. The results will be captured by means of graphs where it will be determined whether there is a violation of rights and which rights are currently violated.