La constitucionalización del principio de primacía de la realidad frente al fraude laboral dentro del Ecuador

Abstract

This study focuses on the constitutionalization of the principle of primacy of reality regarding occupational fraud in Ecuador. This undertaking comprises doctrinal legal research, regulatory bodies, and national and international jurisprudence intended to explain how to guarantee an effective application of the principle of primacy of reality in cases in which the worker status is concealed and thus, the obligations of the employer, evaded. Throughout the study, the principle, object of the investigation, is analyzed and understood as a principle of labor law, and then its development within national and international regulations is explained. The importance of this principle is highlighted as an instrument to guarantee justice and equity in labor relations. There is also an approach to occupational fraud through civil contract and its legal consequences in Ecuador, and how that principle should be invoked at the moment of its constitutionalization together with its effects. In summary, this study conveys a comprehensive vision of the constitutionalization of the principle of primacy of reality, showing its impact on the protection and recognition of labor rights. Therefore, the way to solve conflicts regarding occupational fraud in Peru and Colombia was studied in order to make a contribution to understand how the aforementioned principle, considered a constitutional norm, should be applied.