La prescripción laboral en el Ecuador: análisis jurídico de su regulación y eventual necesidad de reforma en el ámbito procesal.

Abstract

Abstract: This academic study analyzes the legal regulation of the statute of limitations in labor matters in Ecuador, placing special emphasis on the interpretive tension between Articles 635 and 637 of the Labor Code. Through a doctrinal-legal and jurisprudential analysis, the study examines the evolution of the Constitutional Court's criteria; through rulings 946-19-EP/21, 961-19-EP/24, 960-19-EP/24, and 1294-19-EP/24, the Court has established a binding precedent stating that the limitation period cannot be calculated from the termination of the employment relationship when the obligation in question was not yet enforceable at that time, but rather from the moment the worker was effectively able to exercise their right. Additionally, the study analyzes comparative law from Argentina, Chile, and Mexico, identifying mechanisms suitable for incorporation into the Ecuadorian system such as the interruption of the limitation period via administrative channels found in Argentine legislation, and the interruption of the limitation period upon the filing of a lawsuit under Mexican legislation. The study concludes that the disparity in jurisprudential criteria and the lack of explicit regulation in the Organic General Code of Procedures highlight the need for a legislative reform to unify and clarify the regulations governing the statute of limitations.