Employer Retirement and Collective Bargaining Agreements: Analysis of the Principle of Non-Waiver and Its Legal Limits.

Abstract

This research studies and analyzes the concept of employer retirement and its direct relationship with collective bargaining agreements. It explores how the principle of non-waiver plays a pivotal role in labor rights and the legal limits that define it. It analyzes the Constitutional regulations and studies relevant doctrine to help understand this concept and how it should be properly enforced. To achieve this goal, we must consider the scope of Article 326 of the Constitution of the Republic of Ecuador and the Labor Code, as well as the binding jurisprudence of the highest judicial body, the Constitutional Court, which has specified in numerous rulings that labor rights are progressive. That said, it assesses how employer retirement plays a pivotal role in collective bargaining agreements.
Keywords: Labor rights, employer retirement, collective bargaining agreements.