Unconstitutionality of art. 94 of the Social Security Law and violation of Montepío's law.

Abstract

The work sustains that Art. 94 of the Social Security Law is unconstitutional and violates human rights, since the member and their relatives should receive their financial benefits regardless of whether their employer has not paid their contributions to the Ecuadorian Institute of Social Security (IESS); without having to resort to protective actions against the State, for violation of the right to social security, as happens in many of the cases that have been the subject of study. The objective of this article is to determine, through legal analysis, the unconstitutionality of the aforementioned article, in the violation of the concession of the right of Montepío for the beneficiaries of the members of the IESS.