Análisis de la validez de la cláusula arbitral en los contratos individuales de trabajo.

Abstract

Historically, workers have been immersed in a special situation of vulnerability and lack of protection. The Ecuadorian legislator has continuously incorporated norms with the intention of safeguarding the circumstances of the working mass; nevertheless, there are many normative gaps and, it is evident the absence of a protection mechanism for the labor force. Likewise, Ecuadorian legislation provides for the possibility of resolving labor disputes arising from individual employment contracts through arbitration; however, the reality is that the implementation of this mechanism would aggravate the condition of the worker, forcing him to renounce to his legal rights. Throughout this paper we will consider the scenarios of validity of arbitration clauses in Ecuador and their viability of inclusion in employment contracts. This is relevant since, in Latin America, both Colombia and Peru have already determined procedures for the treatment of abusive clauses and the inclusion of arbitration clauses in employment contracts, taking for granted their viability and validity, unlike Ecuador, which, due to lack of regulations and delimitation, makes it virtually impossible to establish an arbitration clause that is not prejudicial to the employees.