Contratación Colectiva en Ecuador : de herramienta de protección a mecanismo de abuso.

Abstract

In Ecuador, collective contracts have been conceived as a mechanism for the protection of the worker against possible employer abuses, based on article 326, numeral 13 of the Constitution and regulated in the Labor Code. This legal tool allows the negotiation of working conditions that, once agreed, become acquired rights, as established in article 237 of the same Code, guaranteeing stability, dignity and safety in employment. The purpose of these contracts is not only defensive, but also of recognition and consolidation of rights. However, like every legal figure, it has limits to avoid its denaturation; The regulations prevent them from being used as means to grant disproportionate benefits that break with the principle of equity in labor relations. In spite of this, in practice cases have been identified in which collective contracts have been abusive, imposing excessive charges on employers and altering the balance between the parties. This distortion converts an instrument designed to guarantee labor justice into a source of conflict, questioning its legitimacy and moving away from its original purpose of equalizing workers and employers.