Exclusion clauses in collective bargaining in Ecuadorian legislation and jurisprudence

Abstract

This research systematizes the grounds for exclusion from collective bargaining agreements in the Ecuadorian legal context, assuming that they are not expressly established as such in the current legal system. A qualitative, hermeneutic study was conducted using inductive-deductive and exegetic methods of law to identify the legal norms applicable to the issue. The conclusion was, in essence, that the grounds for exclusion from collective bargaining agreements are incompatibility with the labor regime, lack of justification of the association's capacity, dissolution of the workers' association without a solution of continuity, change of labor regime, and termination of the employee's employment relationship. Contrarily, it was demonstrated that the lack of union membership does not constitute a cause for exclusion in Ecuador, that the temporary nature of the employment relationship can be a valid cause for exclusion if so agreed upon during contract negotiations, and that workers can be excluded based on the nature of their duties.