Eficacia jurídica de la penalización por falta de afiliación de los trabajadores al IESS en el Código orgánico integral penal.
Articles 243 and 244 of the COIP that constitute contravention and crime for non-affiliation of workers to the IESS by their employers, are located within the general legal good, "Crimes against the Rights of Good Living", ‒Sumak Kawsay‒ as good legal protected. This unlawful conduct by em...
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2022 |
| País: | Ecuador |
| Institución: | Universidad de Otavalo |
| Repositorio: | Repositorio Universidad de Otavalo |
| Idioma: | español |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/858 |
| Acceso en línea: | http://repositorio.uotavalo.edu.ec/handle/52000/858 |
| Access Level: | acceso abierto |
| Palabra clave: | Derecho Penal Afiliación Contravención Trabajador |
| Sumario: | Articles 243 and 244 of the COIP that constitute contravention and crime for non-affiliation of workers to the IESS by their employers, are located within the general legal good, "Crimes against the Rights of Good Living", ‒Sumak Kawsay‒ as good legal protected. This unlawful conduct by employers, which violates the rights of workers, is studied in this research, which has as a general objective to determine the legal effectiveness of the penalty for lack of affiliation of workers to the IESS in the Comprehensive Organic Penal Code for effectively guarantee the right to social security and work in the city of Ibarra. A qualitative approach was used since a description and interpretation of the information obtained from opinions and positions on the procedural legal consequences, such as deprivation of liberty for employers, due to the lack of affiliation to the IESS; with documentary descriptive depth, by resorting to the deductive logical method and the legal hermeneutic, taking into account that the central concept is that of understanding the texts with an exercise of interpretation of national legislation and meeting the requirements of the Ecuadorian social reality in front of the penalty established in the COIP as a measure to forge, in a certain way, the lack of affiliation of workers to the IESS. The techniques were documentary review and interview. It is concluded that it has been necessary in Ecuador to penalize the contravention and crime of lack of affiliation to the IESS by the employer, becoming an efficient, fair measure that generates positive results in society, imposing fines of three to five basic salaries. of the worker in general, for each unaffiliated worker or imprisonment from three to seven days. |
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