Payment for overtime and the labor rights of workers in Ecuador (Review)

Abstract

The topic comes from the observation in daily judicial labor practice, as a plaintiff of rights in favor of the workers in Ecuador; this time, with respect to the recognition and payment of overtime, worked by them, in favor of the companies and their employers. The objective is to critically argue the need to implement a legislative reform to article 55 of the Ecuadorian Labor Code, in order to regulate and legally conceive the supervision of overtime work and its monetary remuneration, to guarantee the labor rights of workers. To do so, a methodological research approach of qualitative nature is applied, consistent with scientific methods such as literature review, analytical-synthetic, exegetical and inductive, which have led to the conclusion that it is necessary a legislative reform in Article 55 of the Labor Code in order to clearly establish the obligation of the employer, as a procedural party in labor matters, to provide the attendance records of the plaintiff worker to regulatory hours and overtime during their working time. In this way, the legitimate rights of the worker would be guaranteed.