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

Abstract

Abstract: This research analyzes the judicial reasoning behind the judgment issued in labor case No. 09359-2018-XXXX by the Labor Judicial Unit based in the Guayaquil canton, Guayas province. The case concerns the recognition of an alleged employment relationship concealed through the issuance of invoices for professional fees as well as the validity of an abrupt dismissal and the payment of employment-related entitlements. The study employed a qualitative approach, utilizing analytical and documentary methods specifically the "SER" method (explore, read, underline, outline, and summarize) to examine the judgment. The analysis identified the factual, legal, and evidentiary arguments used by the presiding judge, with a particular focus on the principle of the primacy of reality, the existence of subordination, and the continuity of the employment relationship. The findings indicate that the judgment is supported by sufficient and sound reasoning; however, it warrants critical examination regarding the assessment of evidence and the application of joint and several liability, in order to ensure a fair process and the protection of the parties' rights.