The agreements for the preservation of sources of work in Ecuador and their im-pact on the right to remuneration of workers

Abstract

The agreements to preserve job sources allow employers and workers to modify the economic conditions of the employment relationship in emerging situations. In this article, the norms of the Labor Code to preserve employment in emerging situations and the regulations that regulate these agreements were analyzed, as well as their incidence in the remuneration of workers. The objective of this investigation was to determine if there is an affectation to the right to remuneration of workers by the regulation of these agreements in Ecuador. The research approach used was qualitative and the study methods were: exegetical to analyze the regulation and its legal relevance, dogmatic to analyze the doctrine on labor rights in the face of the new regulation and historical to verify the legal antecedents that guided the legislator to allow the worker to sacrifice certain labor rights in search of maintaining their source of employment. It was concluded that the workers should not give up their right to remuneration for the preservation of their employment and the regulation of the agreements for the preservation of work sources would be an attack on the rights of the workers.