Facultad de Jurisprudencia y Ciencias Políticas
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The role of international labour standards in the area of labour law in a globalized world

2021 , Pangol Lascano, Alberto

The purpose of this research is framed in interpreting the international context of International Labour Standards (ILS) within a globalized world and its influence on the area of labour law. The methodology used was basic-legal research, of a herme-neutic-deductive type within the framework of the qualitative-interpretative paradigm of the social sciences. Several countries have been committed to respond to these challenges, with a multidimensional approach that responds to a social agenda, which requires changes in economic, social and environmental policies within the framework of the United Nations and its Sustainable Development Goals. In conclusion, world globalization has brought about the emergence of financial flows, a growing integration of markets, and the foundation of the International Labour Organization (ILO), which through its ILS inclu-des fundamental principles and labour rights that are considered instrumental conditions in improving the living standards of society. The solution to many pressing problems require having both medium and long-term projects that promote gender equality, decent working conditions, and protection of the environment. © 2021, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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RIGHT OF POSSESSION OR RIGHT OF DOMAIN AGAINST THE LEGALIZATION OF LANDS IN THE ECUADORIAN CIVIL CODE

2023 , Cárdenas Paredes, Karina , Salcedo E.R.R.

The legalization of land by possession has been considered a social problem for years, in view of the fact that there has been a lack of knowledge or lack of legal advice to regulate the situation of real estate before the competent agencies. The objective was to analyze the main reasons why people have not legalized their land and whether or not there has been a problem with the right of ownership, which leads the authors to demonstrate the need to change the course of this problem, giving importance to the legalization of land that is within civil law. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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Ordinal Logistic Regression Model for Predicting Employee Satisfaction from Organizational Climate

2023 , Espinosa Pinos, Carlos Alberto , Acuña-Mayorga J.M. , Acosta-Pérez P.B. , Lara-Álvarez P.

The article introduces ordinal logistic regression as an alternative method for modelling the relationship between predictor variables and job satisfaction. It emphasizes the importance of comprehending job satisfaction factors to enhance organizational performance. The study employs a quantitative approach to predict job satisfaction levels among operational staff in the textile industry, using a test devised by Sonia Palma, consisting of 7 dimensions and 36 items for job satisfaction assessment. Additionally, a 50-items test measures the work climate. By applying a logistic model, the study categorizes job satisfaction into "low - medium"or "high"levels. The dataset encompasses socio-demographic variables and questions from the work climate test CL-SPC (Work Climate - Satisfaction, Productivity and Commitment), which includes five dimensions. Significant factors for the logistic regression model are identified through exploratory factor analysis. These include commitment, autonomy at work, leadership, interpersonal relationships, learning and personal development, clarity of job expectations, motivation, and performance. The analysis unveils associations between these factors and the likelihood of predicting job satisfaction levels. Motivation, job performance and clarity of job expectations emerge as influential predictors. The article recommends fostering a culture of commitment, empowering decision-making, and clearly defining job responsibilities to improve job satisfaction in the textile industry. In conclusion, ordinal logistic regression analysis deepens our understanding of job satisfaction factors in the textile industry, enabling organizations to implement strategies to increase job satisfaction and overall performance. The results of the study enrich our knowledge of job satisfaction and work climate in the textile industry, offering practical guidance to professionals responsible for talent management. © 2023 IEEE.

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THE TERMINATION OF THE EMPLOYMENT CONTRACT AND ITS LEGAL CON-SEQUENCES: A STUDY IN ECUADOR

2022 , Castro, B.P.B. , Pangol Lascano, Alberto

Rescission is a modality of termination of contracts in which any of the parties involved in it can terminate it, in accordance with the grounds established by law. The objective of this work is to analyze this legal figure, concept, characteristics, legal effects and its application in the international arena, particularly in Mexican legislation where it is well developed. In this re-search, a qualitative approach is followed, with the application of scientific methods such as the inductive-analytical, which allowed to show that, the termination, allows the termination of an employment relationship due to breach of the employment contract, for which purpose the law enumerates several grounds to which any of the parties involved in the labor relationship can resort, without having more consequences than the termination of said contract. In conclusion, it is a totally new legal figure for Ecuadorian legislation, but it provides a different vision to finalize an employment contract and that is not far from the grounds established in the Ecuadorian Labor Code, but that, without a doubt, offers a different modality to avoid cumber-some procedures within labor relations. © 2022, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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The penalty. Their presence as punitive damages in civil law

2021 , López Soria, Yudith

The issue of punishment in civil law is for countries that follow a Roman-Germanic model, a bit rare, the law has advanced in this region leaving the issue of punishment exclusively to sanctioning law, and that is not exactly the conception within Civil Law, also Romano-Germanic. In this way and before the observation caused by a deep bibliographic review, this article is proposed that aims to: Learn about the criminal-legal Institution of Punitive Damages present in Anglo-Saxon civil law and demonstrate its influence on European and Latin American law. To reach this result, research methods have been used, such as bibliographic review, documentary analysis, historical-logical and inductive-deductive, all of which lead to confirm the presence of punitive damages as a legal institution of Roman civil law. Germanic. © 2021, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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EVIDENCE IN ALIMONY TRIALS DIRECT

2023 , Lascano Díaz P.A. , García Erazo, Erika

The objective of this article is to analyze the principle of the best interest of the child against the practice of the test that is carried out in the processes of fixing alimony; based on what is established by the doctrine and the national and international legal system, it is sought to know if there is a violation of the rights of the feeders under a regulatory framework that allows establishing a food quota based on a sectoral table that may or may not respond to your economic reality. The research is developed from the analytical and inductive methodology as it allows to describe and understand the variables presented from a qualitative approach. The research questions that have given the guideline for the realization of this work are: What are the scope of the principle of the best interest of the child within the processes of fixing alimony? And what are the protection mechanisms of the fundamental rights of the obligors against these processes? From the analysis carried out, it has been possible to determine that the practice of direct evidence in these cases does not guarantee 100% the exercise of the rights of people based on the realities in which they find themselves. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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Whatsapp and Facebook as a New Political Agora?

2018 , Sanchez A.J. , Sanchez M.R.F. , Ruiz E.C.V. , Sanchez M.A. , Duenas V.M. , Lavin J.M.

This research tries to know how the political interaction of the citizens from the center of Ecuador is on the Internet. Every day more people use new technologies in order to learn about political issues. Virtual media allow different forms of citizen participation, making the traditional ones such as television, radio o written press to be obsolete. Through an online questionnaire, people were asked about the use of the political information in the different channels, and especially, about their participation in the last election campaign of 2017. The results show different patterns according to factors such as gender, age or occupation, confirming a panorama of transition between offline and online media. © 2018 IEEE.

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THE PRINCIPLE OF IURA NOVIT CURIA IN LABOR MATTERS

2023 , Valverde J.A.A. , Paredes K.D.C.

The principle of Iura Novit Curia is one of the fundamental principles within procedural law that are currently applied, since its meaning is relevant when saying: “the judge knows the law”. This principle is based on the application made by the administrator of justice of the rules that have not necessarily been invoked by the procedural parties in terms of the events exposed, but that the judge needs to apply a normative content that allows him to motivate and support his decision. The general objective of this article is to perform a critical-legal analysis of the principle of Iura Novit Curia in labor matters, which is regulated within the Ecuadorian legal system and has international relevance. In order to know the investigative result, the qualitative methodology has been used with methods such as the historical-logical, determining the real trajectory of the principle of iura novit curia and which are the existing general laws in Ecuador for the development and application of this principle. All this in order to verify the scope of Iura Novit Curia in labor matters and how it is currently being applied to protect the rights of individuals and to safeguard effective judicial protection and legal certainty as a duty of the State. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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THE NEW TEST AND NEW TEST IN THE GENERAL ORGANIC CODE OF PROCESSES IN ECUADOR

2023 , Jiménez Panimboza Á.A. , Jaramillo León A.A.

Knowing that evidence is a source of conviction, which leads the Judge to the certainty of the procedural truth; and that the General Organic Code of Proceedings, in addition to incorporating a new form of announcing the means of evidence, in the acts of proposition of both the plaintiff and the defendant, brought with it, the figures of New Evidence and New Proof, a priori, similar, it is to be noted that, however, they are not. Thus, the general objective of this research is to show that new evidence and new proof are two different legal concepts and, consequently, their procedural and timing requirements for their announcement and request are also different. The study is based on the use of a qualitative approach, applying scientific methods such as: bibliographic review, documentary analysis and the inductive method. As a result, it offers a guide for lawyers and justice operators, in the distinction of the legal framework, of the new evidence and new evidence, for its correct application, as a means for the realization of justice in Ecuador. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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THE DECLARATION OF PARTIES AS FUNDAMENTAL EVIDENCE TO PROVE LACK OF HARMONY IN MARRIAGE IN ECUADOR

2023 , Puyol A.C. , Rodríguez Salcedo, E.

The declaration of the party is an evidentiary element recognized by the Ecuadorian legal system capable of proving the habitual state of disharmony in the marriage, within a judicial process of divorce. In Ecuador, since the enactment of the General Organic Code of Processes in 2016, this figure is contemplated as an innovation to the evidentiary system, the same that is accompanied by several principles that guarantee orality in the procedural field. The research allows to unveil the way in which the statement of the party should be used as a key and fundamental piece to prove the third ground of Article 110 of the Civil Code in force. A qualitative approach of the research allowed the deep and detailed analysis of the object of study, so that, by means of the corresponding observation, the expected results could be obtained, concluding that, in effect the declaration of part is a valid and sufficient evidence to corroborate the habitual state of lack of harmony in the marriage. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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