Progresividad de derechos laborales en conflictos colectivos: resolución del XXV contrato colectivo de la UCSG.

Abstract

This research analyses the constitutional limits that Conciliation and Arbitration Tribunals must observe when resolving collective labour disputes arising from the negotiation of collective agreements, particularly in relation to the principles of progressivity and non-regression of labour rights. Using a qualitative, doctrinal-legal and documentary approach, the study examines the decision concerning the Twenty-Fifth Collective Agreement of the Universidad Católica de Santiago de Guayaquil, issued on 12 July 2024, together with its subsequent clarification and extension. The analysis shows that the reduction or elimination of labour benefits requires reinforced and individualised reasoning based on the nature and source of each benefit, the previous level of protection, economic evidence and proportionality. It concludes that Conciliation and Arbitration Tribunals have authority to resolve disputed clauses, but their powers are limited by the Constitution, due process, legal certainty, the protection of labour rights and the principle of progressivity.