Perspectiva jurídica en los derechos de los trabajadores que presentan un proceso laboral y su afectación en la carga probatoria

Abstract

Abstract: Labor law is constituted as a social branch, which by regulating the situations that arise from the employer-worker relationship, it acquires a particular structure. Within the main constitutional labor rights, there is the right to equality, and as a principle fundamental of the norm, that of progressivity. However, in our country the labor process is subsumed to the General Organic Code of Processes, this legal body does not guarantee complete effective judicial protection. In relation to the test, there are problems that place to workers in vulnerable situations. Therefore, there is a need to carry out an analysis of the evidentiary system in the Ecuadorian legal system, in the same way on the efficiency and effectiveness of COGEP in labor procedural matter and the applicability of jurisprudence related to the investment of the burden of proof. Thus determining the legal situation that workers occupy in the work processes.