Acceso a la asociación profesional y sindical de los menores de edad en Ecuador

Abstract

In the Republic of Ecuador, the freedom of association for the community in general is guaranteed and recognized. This means that those who reach the minimum age to access labor rights can join a workers' union from the age of fifteen. However, there is a discrepancy in the ordinary law, specifically in Article 440, third paragraph of the Labor Code, which allows minors under the age of fifteen and over the age of fourteen to be part of a union. This raises legal uncertainty, as the legal capacity of an adolescent to be part of a workforce is determined by their age, as established in the Civil Code. This normative error in the Labor Code is not in line with the provisions of the Constitution of the Republic of Ecuador. Therefore, the objective of this study is to demonstrate the need to reform Article 440, third paragraph of labor legislation to align it with the constitutional norm. This is necessary to establish hierarchical respect and ensure the proper inclusion of minors in a workers' organization. To achieve this objective, a descriptive-explanatory research methodology with a qualitative approach is used. The information is analyzed through a focused group discussion to demonstrate the lack of legal certainty when interpreting said regulation.