Workers' social benefits in the event of non-compliance by the employer

Abstract

In Ecuador, workers' social benefits and the failure of employers to comply with these obligations form a complex interplay between labor rights and criminal law. Social benefits, which include social security, pensions and protection in situations of illness or maternity, are fundamental to workers' welfare. However, their effectiveness depends to a large extent on employers' compliance with Social Security and other labor obligations. With the implementation of the Comprehensive Criminal Code, Ecuador has attempted to address the problem of non-compliance by imposing criminal sanctions, including imprisonment, on employers who fail to comply with these obligations.This approach has generated debate about the proportionality and effectiveness of criminal sanctions. This approach has generated a debate on the proportionality and effectiveness of criminal sanctions. While the measures seek to ensure compliance with labor obligations, it is critical to assess whether they result in counterproductive negative effects. It raises the need to consider alternatives to criminal sanctions, such as fines or financial penalties, which could provide a more appropriate and less damaging balance to ensure employers' compliance with their legal obligations. Therefore, the main objective of this article is to analyze the extemporaneous registration of social security news by employers that affects the right of access to social benefits of workers.