Examinando por Autor "Astudillo Valverde, Leonardo Xavier"
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- ÍtemAcceso AbiertoProtección del principio de estabilidad laboral a través de la sustitución de la jubilación patronal(Universidad Católica de Cuenca., 2023) Astudillo Valverde, Leonardo Xavier; Zhinin Méndez, Laura; 0104628045The employee's retirement is a legal figure established in article 216 of the Labor Code, which grants this right to those workers who have worked for 25 years or more for the same employer, representing a mere expectation for a person to acquire this right, arising the need to replace it with other types of bonuses that ensure proper stability to the parties that make up a labor relationship.The legislator, in its attempt to guarantee the employee's retirement to the workers, has provided in Article 188 of the Labor Code that the employer who untimely dismissed the worker at the age of 20 years and less than 25 years shall be entitled to the proportional part of the employee's retirement by way of compensation, disregarding the general principles of the right to work.The current government has been concerned about applying this figure, ensuring that only 5% of the workers have benefited from the employee's retirement, thus creating an alternative labor regime and presenting more flexible law proposals for greater dynamism in the labor sector.One of the alternatives by which the employee's retirement could be replaced is by implementing a more sustainable model, called the Austrian Backpack, allowing the worker to be in charge of their funds, regardless of whether they work for different employers.