Análisis de caso 0635-11 EP / sentencia 141-18-SEP-CC el derecho a las utilidades y la intermediación laboral en el Ecuador

Abstract

This research arises from the legal dispute between Cervecería Nacional CN S.A. and former employees of the company regarding the right to profit sharing corresponding to the years 1990 to 2005. This conflict captured the attention of media, political figures, economic actors, and also exposed certain irregularities in the administration of justice that were denounced by political figures to the corresponding authorities. The development of this research project focuses on three chapters. The first chapter establishes general notions about the value of work and the employment relationship from a doctrinal perspective, also addressing Ecuadorian legislation regarding the right to profit sharing and the outsourcing and labor intermediation. This leads to the next chapter, which has a descriptive focus regarding the sentence under analysis, to finally move to the third chapter where we analyze the main axes of the sentence's content, such as competence, the right to profit sharing, labor intermediation, and the sufficiency of comprehensive reparation.