Análisis de la improcedencia del abandono en causas que se discuten derechos del trabajador.

Abstract

In this thesis is developed and analyzed with the purpose of providing a solution to the legal problem that exists in Ecuadorian legislation with respect to the inadmissibility of abandonment in cases where workers rights are disputed. For this reason, it establishes the necessary foundations for the reform of articles 247 numeral 2 and 87 of the General Organic Code of Processes, pointing out fundamental principles that govern any process, especially in the branch of labor procedural law. The comparative legislation of Chile, Peru and Colombia, countries that are of great reference to support the recommendation to the legal problem, is also given as an example. Likewise, the importance of the existence of true equality between the parties that make up a process is highlighted in order to avoid possible abuses of the law and delays in the process given the overprotection that the Law grants to only one party of the process and that, to raise a true equality does not constitute a discrimination against the worker.