Friday, June 23, 2006

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FREEDOM OF WORK AND RECRUITMENT OF EQUAL TREATMENT

The worker is free to devote their efforts to the work that it has lawful . Art.3 Ref. work.
The Declaration on the Rights of Man and Citizen of August 26, 1789 in France , as stated in its Art.IV. - Liberty consists of doing everything does not harm another . Hence the exercise of the natural rights of man has no limits other than those which ensure the other members of society the enjoyment of those rights: these limits can not be determined only by the law.
...... and later clarified as soon as we said ... Art V. - The law has no right to prohibit only actions harmful to society.
remember a book I read, and he said that idleness was punishable by death penalty in time of the Incas. words that work was required.
OUR CODE AS SET FORTH IN IF REQUIRED AS SOMETHING, Art.2.
Well, if so, nobody is forced to work as you do not want ... or not knowing or having any. Worse still fit and illegal situations.
Work is a social right and duty as stable as human rights, the Constitution and laws. Nobody can sign or carry out a contract knowing or not it is an object or unlawful.

Sunday, June 18, 2006

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2000/78/EC, 27 NOV. EQUAL TREATMENT IN EMPLOYMENT AND OCCUPATION, is set as standard (Directive), the decision of the COUNCIL OF THE EUROPEAN UNION taken [Twelve Dic.2000] considering many fundamentals as the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law.
Equal treatment in regard to employment, training and promotion, and working conditions. Convention No 111 of the International Labour Organisation prohibits discrimination in the field of employment and occupation.
employment and occupation are key elements in guaranteeing equal opportunities for all and contribute to the full participation of citizens in economic, cultural, and social, as well as personal development.
discrimination based on religion or belief, disability, age or sexual orientation may endanger the objectives of the EC Treaty, in particular the achievement of a high level of employment and social protection, raising the level and quality of life, economic and social coheción, solidarity and freedom of movement.
To this end, it should be prohibited throughout the Community of any direct or indirect discrimination on grounds of religion or belief, disability, age or sexual orientation in the areas covered by the directive. This prohibition of discrimination also applies to nationals of third countries , but does not refer to differences in treatment based on nationality and is without prejudice to the provisions governing the entry and residence of nationals of third countries and access to employment and occupation.
To of legal protection to those discriminated against, it should empower associations or legal entities to engage in proceedings, under which Member States have, on behalf of any victim or support, without prejudice to national rules of procedure in terms of representation and legal representation. Retaliation require judicial protection, to that end should be amended rules on the burden of proof when cases of alleged discrimination ....
As stated the principle of equal treatment is limited to situations of religious or belief, disability, age or sexual orientation in field of employment and occupation.
is clear that the situation of citizens of third countries, such as today's immigrants are not well protected, in this case by the state of nationality, and racial prejudices that it entails. It all depends on the legal considerations of each Constitution and laws of each member country of the EC. HARASSMENT .- \u200b\u200bIt is discrimination to undermine the dignity and creating an intimidating, hostile, degrading, humiliating or offensive. So when we know that now appears very clearly that culture and education is not within the treatment of people, as indeed so, in companies or workplaces, head and without any exceptions, says good manners tasks especially when it is assumed that already knows the worker, bad assumption because even if the worker knows you have to be carried out should be given the order, an order is not a military order, with such an accent or tone of voice and character.
Labour Code of Ecuador establishes the judicial and administrative protection, so that judicial and administrative officials are required to provide timely and adequate worker protection for the security and efficiency of their rights. (Art. 5)

Friday, June 16, 2006

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SCOPE OF WORK

The scope of the Labour Code is REGULAR RELATIONS BETWEEN EMPLOYERS AND WORKERS (Article 1) , its rules apply to all terms and conditions of work, with the exception of industrial relations that have originated in the public administration which is responsible for regulating the Civil Service and Administrative Career.
special laws and international conventions ratified by Ecuador, will applied in specific cases to which they refer.
Regular, relationships between employers, workers are terms that we analyze, and establish their relationship, and matches with the entire contents of the code.

Monday, June 5, 2006

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CODE GENERAL PRINCIPLES OF LABOR LAWS

A. - Beginning No Waiver .- The worker can not waive his rights and if so, such a waiver is void.
irrenunciablidad The principle of worker's rights is founded on the protection need work.
B. - Please principle .- This principle is that, if in doubt about the scope of the provisions of the Labour Code, Llosa judges decide in favor of the worker. In favor of the weaker party (the employee).
C. - Principle of Performance .- corresponds to equal pay for equal work, regardless of gender, race, nationality or religion. This principle banish discrimination, favoritism, and privileges.
This principle states that the worker must provide all their physical and mental for best performance in their work and to be eligible to receive salary. This is what is called the principle of performance.

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principles of labor law (6 audio)
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01. LABOR LAW PRINCIPLES



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03. PRIMACY OF REALITY

Understanding the Principles of the Labor Law. Via Double A message on the International Workers Day and the Worker.
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04. THE PRINCIPLE OF GOOD FAITH audio

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06. PRINCIPLE OF CONTINUITY
05. PRINCIPLE OF INALIENABLE
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6868 To conclude an employment contract need to know who can be hired, either as workers and employers;
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REPRESENTATION

/ Put this audio on your website People can contract obligations directly, or through their representatives, whether they do so voluntarily and are elected by them, to which they referred to as agents, attorneys, or general agent. Even with no right to represent them, provided with the consent of the principal, takes the same effects as if he had hired himself. (Arts. 1492, 1493, 1579.1599, 385 of the Civil Code; Arts. 6 to 20 Commercial Code, Arts. 10, 35, 36, Labor Code.)
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Sunday, June 4, 2006

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able

As workers,

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CAPACITY TO CONTRACT LAW SOCIAL LAW

are able to conclude contracts and in court, all persons over 18 rule, and the exception is for minors between fourteen and eighteen years may also employ, as may be authorized by their legal representatives or by the labor authorities. Married women may also, without authority of the husband. (Art. 34)
As employers, also are able to conclude contracts and working trials all seniors and are authorized to represent the company and enter into contracts and to appear at the trials, managers, directors, managers, ship captains, and in general people who exercise management or administrative functions in the company, even without written permission or sufficient. This broad power to represent the company is called employer solidarity that is characteristic of the labor law. To realize better the difference should be noted that at common law, when it comes to sue a company anonymous, is to find out which person is legally, according, according to its statutes. In the workplace, you may sue the legal representative and the worker's immediate superior, or administrator, or principal, because all the law gives them the quality of legal representatives to meet work obligations.
This is obviously a benefit to the worker therefore saves the risk that a trial is invalid because the defendant had not exactly the person of the representative of the company.
legislation call to all laws, regulations, and more mandatory provisions, which are held on certain legal matters. is, when the law becomes the rule, then we can talk about legislation. As labor law is concerned, is the set of laws, regulations, and other labor provisions, in relation labor - management, protecting the weakest part of the employment relationship the worker, in this case. .
For these recitals labor law is a social right

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The social right , emerges as a vindicating the right of the worker. It is after the Second World War in France produced a social revolution, there comes a socialist regime and gives the famous costitución of 1946, followed by Italy, Germany, and property laws in social function, and 8 hours work, the right to associate, to strike, apparently in Germany had no public or private character of the right to work, BUT THAT IS A NEW GENRE OF SOCIAL LAW. So TRUEBA URBINA Mexican teacher, argues that labor law is "social rights", when referring to is vindicating the proletariat, because it was created as a generous gift denominantes class, but was conquered with blood. For all that it means the bloody history and journeys of the workers killed in the world is that labor law, establishes the highest legal principles todoas legislation in the world. Workers' Rights are inalienable, WILL VOID ANY PROVISION TO THE CONTRARY .- (Art. 4)

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In broad terms, " is the set of mandatory rules governing the activities of a company, are sanctioned by the force of
State. " This is the objective aspect. Subjectively
talking about the rights or privileges granted or recognized people and what are these owners. If in doubt about the scope of the laws, regulations or contractual labor, judicial and administrative officials shall apply them in the most favorable to workers. Concepts, labor standards in the Code of Labor in Ecuador, in special laws or international agreements ratified by Congress and the Presidency of the Republic, will be applied in cases to which they relate. The Labour Code of Ecuador is not a simple compilation or codification of laws, as one might say, what is wrong in this matter is that there is a code Labor adjective. This is one of a new design which houses the Legislative national experiences and the great currents of labor law prevailing in other countries, social and political integration of the nation, ending in the adaptation of labor law as a social norm .