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

Abstract

Abstract: This paper presents a legal analysis of the judgment issued in case No. 15301-2022-00338, before the Civil Judicial Unit of the Tena Canton, in a labor lawsuit filed by a former employee against company B S.A. The study focuses on the partial recognition of claims such as unpaid wages, proportional thirteenth-month bonuses, unused vacation time, legal surcharges, and interest, in accordance with the reversal of the burden of proof in favor of the employee, pursuant to the principle of social justice and the theory of dynamic burden. The analyzed judgment highlights the application of Article 94 of the Labor Code regarding wage surcharges, as well as the procedural guarantees of the COGEP (General Organic Code of Procedure). In contrast, claims related to overtime, supplementary hours, and profit sharing are denied due to insufficient evidence. The doctrinal and jurisprudential analysis of the case highlights the importance of due process, judicial reasoning, and compliance with employer obligations within the framework of Ecuadorian Labor Law.