The list of requests and procedural application in collective labor disputes

Abstract

This study investigates the procedure of the "pliego de peticiones" in Ecuador, identifying structural issues that affect its effectiveness compared to labor conflict resolution systems in Colombia and Mexico. A critical analysis of current legislation reveals that Article 468 of Ecuador's Labor Code lacks clarity and detail, generating uncertainty in procedural application and weakening the protection of workers' collective rights. Through a bibliographic review, interviews with legal operators, and surveys, a consensus emerges on the need for reform. Results show that 75% of respondents find the current procedure insufficiently detailed and clear, while 65% report inconsistencies in its judicial application. The reform proposal suggests replacing the labor inspector with a conciliation and arbitration tribunal composed of arbitrators appointed by both parties, ensuring impartiality and specialization. This reform is justified as essential for improving clarity, consistency, and procedural effectiveness, promoting greater legal security. Validation of the proposal through qualitative analysis yielded a global score of 8.23 out of 10, reflecting its potential to enhance labor conflict resolution, despite anticipated implementation challenges. This study underscores the urgency of legislative reforms to consolidate labor rights protection and ensure effective access to justice in Ecuador.

Keywords:

Labor conflicts, Impartiality, Access to justice, Regulatory reform, Labor rights.