Antinomia del artículo 41 del Código de Trabajo y el Artículo innumerado de la Ley de Compañías por obligaciones laborales.

Abstract

The Simplified Stock Company has streamlined the process of establishing businesses in Ecuador, but a lack of information and legal guidance has led many to overlook the responsibilities they undertake when becoming shareholders. While the limitation of liability is highlighted as an essential feature, the restriction of shareholders' liability regarding labor obligations contrasts with Ecuadorian Labor Law regulations, specifically the joint responsibility of partners established in Article 41 of the Labor Code. This contradiction between labor regulations and the provisions of the Companies Law highlights the need to explore the responsibilities of shareholders, understanding the scope and limitations of their financial and social responsibilities. This work aims to serve as an informative guide for those interested in the Simplified Stock Company, providing details on this innovative form of business within the Ecuadorian legal framework. The joint responsibility of partners concerning labor obligations, contradicting the unnumbered provision of the Companies Law addressing liability limitations in the SAS, creates a compelling need to delve into the responsibilities assumed by shareholders. A comprehensive understanding of the dimensions and limitations of their responsibility, both in financial and social terms, becomes crucial in navigating this normative discrepancy.