Vulneración de la libertad de contratación en la regulación del contrato de obra.

Abstract

Currently, employment regulations seek to promote and guarantee the stability of workers in their position or job. This maxim of regulation has great implications in the Ecuadorian Labor Code (Código de Trabajo, in spanish), which establishes different types of employment contracts, that maintain the same characteristic of protecting labor stability. Among these contracts are those that are established by work and that entail the legal obligation that, once the work is concluded, the worker must be hired again in case of new works, despite the fact that the law establishes that at the conclusion of the first work for which the worker was hired, the labor relationship between the employer and the worker will be terminated. In this context, it is pertinent to analyze the right to freedom of contract that is transferred to the labor sphere, and which is based on the autonomy of the will of individuals and freedom, which are rights of constitutional rank. In order to then be able to examine the regulation of the Labor Code in the different contracts that are recognized in the labor sphere and their adequacy to the aforementioned rights. This makes it possible to establish that there is a violation of the right to freedom of contract and the Labor Code, when regulating the subsistence of persons, must be issued with strict observance of the rights, otherwise it violates the necessary rights.