The The constitutionality of the single interpretative provision to paragraph 6 of article 169 of the Labor Code. An analysis to its enactment, and to the judgment No. 23-20-CN y ACUMULADOS/21

Abstract

The SARS-Co-V2 virus pandemic, and the social, labor and economic crisis unleashed in the Ecuadorian Republic, led the executive and legislative branches to regulate aspects in order to relieve citizens and promote the strengthening of the economy and work. For this purpose, it considered pertinent to interpret paragraph 6 of article 169 of the Labor Code, since it contemplated the resolution of employment relationships in cases of force majeure, in an attempt to protect workers, an interpretation was given to the meaning of this rule, and how it should be applied. The interpretive provision was bring to constitutional review by the Ecuador Constitutional Court that issued the judgment No. 23-20-CN y ACUMULADOS/21. This article, aims to analyze the procedural and structural aspects under which the interpretative provision to paragraph 6 of article 169 of the Labor Code was elaborated, and contrast them with the judgment of the Constitutional Court, verifying if the interpretation is a solution framed in the Constitution or not.