Examinando por Autor "Muñoz Ordóñez, María José"
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- ÍtemAcceso AbiertoAnálisis del derecho a la jubilación anticipada por enfermedades catastróficas y su posible inserción en la normativa ecuatoriana(Universidad Católica de Cuenca., 2020) Muñoz Ordóñez, María José; Vallejo Cárdenas, Paola Priscila; 0106676851The problem being analyzed is that the labor legislation does not currently include the issue of early retirement due to catastrophic illness, although it is evident that many workers suffer from serious illnesses that do not allow them to meet the time requirement of work that the law establishes, to be able to opt for the benefits of retirement. The objective of the investigation has been to analyze from the various doctrinal, legal and jurisprudential positions, the proposal of a reform to the Ecuadorian Labor Code, to include the figure of Early Retirement due to catastrophic illness, the same procedure being established for retirement due to disability, establishing as the main requirement that the worker has been diagnosed by a specialist doctor of the IESS, with one of the catastrophic diseases that are on the list of the Ministry of Public Health (MSP). It has been proposed as a hypothesis to verify that catastrophic diseases should be considered as a cause for granting early retirement, as a right of all people who work and provide their lawful services, but who at some point in their lives may suffer from some very serious illness or disease affecting your job performance. Among the main conclusions reached, it has been possible to confirm that there is no guarantee for the Ecuadorian worker of accessing early retirement due to catastrophic illness, nor do the necessary elements exist in the Ecuadorian social security legislation. These points have led precisely to the confirmation of the hypothesis about the need to incorporate this legal figure into the labor law.