Abstract

GARCES PROANO, Oswaldo Alejandro. The unnavigability of labor rights in mediation. A look from the Ecuadorian university. Conrado [online]. 2022, vol.18, n.87, pp. 151-158.  Epub Aug 02, 2022. ISSN 1990-8644.

Labor standards come to be a compendium of public order provisions whose object is the protection of work as a social duty that must be fulfilled with strict observance of the law, corresponding to the State to protect and guarantee the constitutional principles based on the tutelary nature that these norms have, by virtue of the fact that they are intimately linked to the inalienability of the labor rights that workers have, including in voluntary matters such as mediation, in order that they remain intact, corresponding to the national labor organizations that they are applied at the time starting, the employment relationship and for as long as it is in force, so that it is not forced to stop receiving the benefits and protection that protect them by the International Labor Organization. Given the above, the general objective of the investigation is to assess the guarantee of labor rights in mediation. Its justification is because the labor rights mandatorily granted by law to the worker come to constitute one of the concrete expressions of protection that the State must have. It is concluded that it is up to the judges to fulfill their role as guarantors of justice for the fundamental rights of workers. National labor organizations are recommended to ensure and monitor the correct application for the benefit of workers.

Keywords : Guarantee; Labor Rights; mediation; waivability.

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