La vestimenta de trabajo y la falta de regulación de su monto y/o cálculo en el Código de Trabajo, en el Ecuador.

Abstract

This research analyzes a regulatory omission in Article 42, numeral 29, of the Ecuadorian Labor Code, concerning the employer's obligation to provide appropriate work clothing to employees. Although this duty is legally mandated, the absence of a defined amount and a calculation mechanism has created a legal gap that undermines the effective protection of labor rights. This lack of clarity has led to restrictive judicial interpretations, often shifting the cost of work clothing to the employee, contrary to the principles of progressivity, equity, and legal certainty. The thesis argues that this omission constitutes a violation of the constitutional principle of labor protection, thereby justifying the need for legal reform that establishes a mandatory reference amount. To this end, it proposes adopting the amount granted in the public sector, according to Official Registry No. 715 of 2012, which sets the benefit at USD 169 per year. The thesis is structured into three chapters: the first addresses the current legal and jurisprudential framework; the second examines the legal issues and their practical implications; and the third presents a normative reform proposal based on constitutional principles, labor doctrine, and comparative law, aiming to ensure the effective enforcement of this accessory but essential labor right.