El Reglamento Interno de Trabajo y sus efectos jurídicos en la relación contractual de trabajo

Abstract

The disciplinary regime is a means to maintain the harmony and balance of workplaces, generated from the incorporation of the Internal Regulations in a workplace. Consequently, the internal labor regulations are an instrument that allows workers to be sanctioned if they fail to comply with disciplinary acts established by the employer. However, employers of small and medium-sized workplaces maintain harmonious control so as not to impose sanctions in case of worker indiscipline; Despite this precept, Ministry of Labor inspectors require employers to have internal work regulations so that they implement a mandatory disciplinary regime. Therefore, the objective of this investigation is to establish what are the legal effects caused by the labor inspector's requirement to have work regulations for private workplaces. To do this, the approach used is exploratory, starting from an analytical study, analyzing the regulatory body in order to extract statistical data through a quantitative and qualitative method. Being in a line of research on Public Policies, Law and Society, to identify the applicability of current regulations. The population benefiting from this research are private sector workers; The sample taken for the investigation is the various private sector labor centers based in the Latacunga canton, province of Cotopaxi and legal professionals with knowledge of labor matters. The main result is that in most cases labor inspectors are violating their own work, functions and powers as established by the Labor Code, that is, they are not fully complying with the law. Concluding that labor inspectors put the disciplinary regime of workers at risk so that they are sanctioned without it being a necessary measure on the part of the employer.