Juramento deferido del adolescente como prueba de existencia de la relación laboral.

Abstract

The employment relationship with minors is permitted by Ecuadorian legislation both in the Labor Code and in the Code for Children and Adolescents, with firm parameters regarding the minimum age (15 years) and the express consent of the parents of minors. Family of the minor or the legal representative or guardian of the minor. In the course of labor relations, it has been shown that the employer has many more factors in his favor than the worker, giving rise to the possibility that the labor relationship is not recognized by the employer; Thus, the deferred oath as a means of proof opens as the only way that the adolescent has to be able to prove the existence of the employment relationship, remunerations received, among other situations that will be analyzed in this degree work; In this way, it is necessary to carry out a detailed study of the deferred oath and its probative effects in the development of the labor process in Ecuador.