Analysis of the Ius Variandi in Ecuador: the challenges of the Labor Code

Abstract

The present study aims to investigate the content and limits of the ius variandi, including its relationship with the phenomenon of flexibility, from which it can establish a diagnosis regarding the state of its current recognition within the Ecuadorian private Labor Law. On the other hand, it deals with analyzing the development of the ius variandi in other systems of the Ibero-American context of Spain and Peru, and evaluating its impact on the essential conditions of the employment contract. Finally, an attempt is made to provide some conclusions with a view to introducing an organic regulation of the ius variandi in the Ecuadorian private Labor Law, resulting from the contrast between the findings of comparative law, on one side, and the deficiencies detected in the Ecuadorian regulations, on the other. During the research, categorized as descriptive, and conducted with a qualitative approach, through the use of analytical-synthetic, comparative and exegetical methods, it has been possible the analysis of the normative, doctrinal and jurisprudential content, about the ius variandi, produced in the context of the countries studied.