Revista Facultad de Jurisprudencia (Aug 2020)

Impact of Covid-19 on Labor Relations in Ecuador

  • Graciela Monesterolo Lencioni

DOI
https://doi.org/10.26807/rfj.vi8.314
Journal volume & issue
Vol. 1, no. No. 8: (Vol. I Special COVID 19) Journal of the Faculty of Jurisprudence
pp. 79 – 118

Abstract

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Since March 11, 1920, when a state of health emergency was declared in Ecuador due to the imminent possibility of the effect of the coronavirus Covid-19, a generalized crisis has been unleashed in all areas of social life. The most affected sector has undoubtedly been the health sector, with the loss of thousands of people. However, the area of labour relations has also been strongly impacted. Many workers have seen their rights altered, so dearly won. Working conditions have changed, and worst of all, infinite sources of work have been lost, thus depriving a considerable percentage of the population of the fundamental right to work, with which to take food home. The deprivation or reduction of income derived from an employment relationship in turn affects other fundamental rights, such as food, clothing, education, health and leisure. For this reason, this article is dedicated to the emerging regulations that were issued to confront the crisis provoked by Covid-19 in Ecuador and how they, in many cases, failed to observe fundamental principles of labor law; although this could be considered reasonable and legitimate given the situation of extreme exceptionality. The analysis is limited to the labour relations of private employees and workers, i.e., workers subject to the Labour Code. It also refers, finally, to the challenges presented by the economic revival in the new scenarios and working conditions in what has been called "the new normality", as well as the great challenge that Labour Law has to redefine itself, without losing its raison d'être, and thus adapt to the demands of future work and the future of work, as a result of globalisation, advances in science and technology, and the consequent automation. In short, it refers to the need for the new Labour Law to project itself into the future of the world of work with a different, innovative and progressive outlook in order to be more just, equitable and inclusive.

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