Análisis sobre la idoneidad del procedimiento sumario para la defensa de los derechos laborales.

Abstract

Throughout the present titling work and from the line of investigation related to the process as a means for the realization of the rights, we will develop by virtue of the importance that the changes that in procedural matters have introduced the General Organic Code of Processes to the ordering Ecuadorian juridical, the theme around whether the summary procedure adopted by the Ecuadorian labor process, in contrast to the ordinary procedure, constitutes the appropriate procedural structure for the effective resolution of individual labor disputes. The aforementioned, keeping a permanent attention to the proper link with the integrative principles of due process established constitutionally and supranationally within the international system of protection of human rights, for constituting the minimum precepts set for the development of any legal labor dispute, which we will lead to determine the advantages and disadvantages of such implementation. This work allows us to understand the particularities involved in the treatment of a labor claim filed by an undetermined individual, in whose treatment the procedural system can allow the non-observance of due process in the guarantee of the right to defense. Therefore, it has been necessary to carry out an analysis on the regulations and the applicability of the summary procedure, in the treatment of labor claims.