El efecto suspensivo de la apelación en materia laboral y los riesgos sobre los derechos de los trabajadores.

Abstract

The Ecuadorian labor procedural system shows a structural gap between the guarantee of effective judicial protection and the normative persistence of the suspensive effect in appeals, this procedural figure far from being a mere technical tool, has become a real obstacle to the timely execution of first instance judgments, generating a serious affectation to the fundamental rights of workers, unlike international standards that privilege the non-suspensive effect in labor matters to avoid undue delays and reinforce the effective protection of labor, in Ecuador a legal culture that favors the recurring employer still prevails, consolidating dilatory strategies that deepen procedural inequality, where it is proposed to analyze from a guarantor and constitutional perspective the socio-legal effects of the use of the suspensive effect in labor processes, in order to demonstrate its incompatibility with the principles of speed, efficiency and material justice, for this purpose comparative models, international and national standards are examined, with the aim of supporting the need for a procedural reform that limits or eliminate this effect, and be part of a conception of labor law as an instrument of social justice. Therefore, it is proposed to rethink the labor process from a transformative perspective that prioritizes real access to justice and the effective enforcement of the rights recognized in the ruling.