ANÁLISIS DE LA EFICACIA DE LOS MECANISMOS PROCESALES PARA GARANTIZAR EL CUMPLIMIENTO DE LAS SENTENCIAS DEL TRIBUNAL DE CONCILIACIÓN Y ARBITRAJE

Abstract

In this scientific article, the procedural mechanisms currently in force under Ecuadorian legislation, applicable to the enforcement of rulings issued by the Conciliation and Arbitration Tribunal, are analyzed. This analysis made it possible to determine whether these mechanisms are the most effective in ensuring respect for effective judicial protection and procedural swiftness in the execution of such rulings. For this purpose, Ecuadorian legislation, as well as criteria established by the Constitutional Court and the National Court of Justice, were taken into consideration. These sources recognize the full jurisdiction of the Conciliation and Arbitration Tribunals to hear and resolve collective labor disputes, thereby limiting the jurisdiction of ordinary judges in such matters, and emphasizing the immediacy with which these rulings must be enforced. However, the study revealed that the currently available mechanisms are not entirely effective, due to the heavy workload of labor inspectors and the lack of sufficiently coercive measures to enforce compliance with these rulings. In light of this, it is proposed that the decisions of these Tribunals could be considered as enforceable titles, given their res judicata status and the fact that they are issued by a jurisdictional body. This would help ensure compliance with effective judicial protection and procedural swiftness, ultimately benefiting the enforcement of workers' rights.