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

Abstract

Abstract: This legal study analyzes the judgment issued in Case No. 15301-2021-XXXXX, heard before the Civil Judicial Unit of the Tena Canton, which addressed the question of whether or not an employment relationship existed between the parties. The plaintiff claimed to have provided services as a property manager under a verbal employment contract, seeking payment for various outstanding employment-related amounts. The defendant, conversely, denied the existence of such a bond, maintaining that the relationship was strictly one of landlord and tenant. After evaluating the evidence based on the principles of sound judgment (*sana crítica*), the presiding judge concluded that the essential elements of an employment contract namely, the personal provision of lawful services, subordination, and remuneration were not present, thereby ruling the claim unfounded. The doctrinal and jurisprudential analysis applied herein emphasizes the principle of the primacy of reality, highlighting the importance of identifying the objective elements of legal subordination required to establish an employment contract. This study contributes to the practical understanding of labor law, particularly regarding the distinction between employment relationships and contractual arrangements of a different nature.