Contrato especial emergente y su ilegalidad en su aplicación en el ámbito laboral ecuatoriano.

Abstract

An investigation was carried out whose objective was to analyze how the implementation of this contractual modality in Ecuador violates labor rights. The research was qualitative in nature, using techniques such as bibliographic review, legal analysis and comparative study with legislation from other countries such as Chile and Peru. It was found that, although the emerging special contract was a response to the economic crisis caused by the COVID-19 pandemic, its application generated insecurity in labor rights, especially in relation to employment stability and salary conditions. It is expected that the measure does not include sufficient social protection mechanisms, leaving many workers in a vulnerable situation, particularly in sectors such as tourism and commerce. Furthermore, wage adjustments and reductions in working hours will negatively affect the weakest sectors of the working population, increasing informality and underemployment. The investigation proposes the elimination of article 19 of the Organic Law of Humanitarian Support and suggests reforms that ensure a balance between labor flexibility and the protection of labor rights. It is concluded that it is urgent to develop labor policies that contemplate not only flexibility, but also effective social protection measures.