The principle of inversion of the burden of proof and its application in the Ecuadorian labor judicial process since the entry into force of the COGEP

Abstract

The present work entitled "El principio de inversión de la carga de la prueba y su aplicación en el proceso judicial laboral ecuatoriano desde la entrada en vigencia del COGEP”, addresses the problem of untimely dismissal considering it as an illegal cause of termination of employment. For this purpose, the principles that govern both the administration of justice and the right to work in Ecuador were significant in the topic analyzed in this study. A doctrinal and jurisprudential analysis was also carried out regarding the burden of proof and its inversion, taking into account that, according to the policies established previously by Supreme Court of Justice it has been well-known that untimely dismissal is an event that occurs in a certain time and place and that, therefore, must be demonstrated by the claimant. In order to study the problem posed, the following research methods were used: the inductive, accounting for the sentences of the Supreme Court of Justice. Likewise, the deductive method was used to study the fundamental principles of the administration of justice in Ecuador and of labor laws. Thus, allowing the establishment of what would be the correct application of the principle of equality in individual labor cases, especially considering that the worker is the most vulnerable party in the employee-employer relationship.