Limitaciones en la indeterminación de funciones laborales en el derecho ecuatoriano.

Abstract

The employment contract is an instrument through which the labor relationship between employer and worker can be regulated, establishing rights and obligations of both parties, and considering that in Ecuadorian labor practice it becomes common to incorporate broad clauses that allow the employer to determine or modify the worker's functions, That may cause damage where those powers are not clearly defined within the contract and the legal system. That is why this research aims to analyze the indeterminacy of functions in the employment contract and its impact on the violation of workers' rights within the Ecuadorian legal system, and for this research was developed with a qualitative approach, descriptive and analytical character, through the application of the methods juridical-doctrinal, juridical-normative and documentary analysis in the study of Ecuadorian law, The doctrine and principles of Labour law result in indeterminate contractual clauses regarding the functions of the worker favoring discretionary interpretations, which increases the risk of infringement of rights such as legal certainty, job stability and worker dignity. That is why it is essential to define precisely the functions of employment within the employment contract and to strengthen the legal criteria governing the exercise of management powers by the employer, in order to ensure a balance between the powers of the employer and the effective protection of workers' rights in Ecuador.