Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: The project topic is Motivation in the rulings issued by first-level judges in Ecuador. This paper analyzes the ruling issued by the Guayaquil Labor Court in case No. 09359-2022-00527, which resolved a labor claim filed by a domestic worker. The objective was to determine whether there had been wrongful termination and the non-payment of labor benefits. After verifying the proven facts and the lack of evidence to support the alleged voluntary resignation, the judge concluded that there had been a unilateral and unjustified termination of the employment relationship. Therefore, she ordered the payment of compensation for wrongful termination, severance pay, proportional wages, and vacation pay. This study highlights the importance of respecting the principle of effective judicial protection and the burden of proof in labor proceedings, as well as the judge's role as guarantor of workers' rights. This analysis contributes to the understanding of the correct application of labor law and constitutional principles in cases of labor rights violations.