Análisis jurídico del despido ineficaz frente al visto bueno solicitado por trabajadores con fuero de estabilidad reforzada.

Abstract

In Ecuador, the "visto bueno" (approved dismissal) is a legal mechanism established in the Labor Code that allows both employers and employees to request the termination of an employment relationship for justified reasons. When requested by the employee, the visto bueno serves as a protective measure against serious employer misconduct that violates the worker's rights. The right to work is a fundamental principle also enshrined in the Constitution of the Republic, guaranteeing the stability and protection of all workers—especially those in vulnerable situations, such as pregnant women, those in the postpartum period, and union leaders. Article 172 of the Labor Code states that an employee may request the "visto bueno" in cases such as non-payment of wages, workplace harassment, unilateral changes to the employment contract, or breach of the agreed-upon conditions; therefore, employees are not obligated to remain in a hostile work environment or under unfair conditions. In conclusion, the "visto bueno" requested by an employee is a key mechanism in Ecuadorian labor legislation that strengthens balance in labor relations and enables a fair resolution in cases of abuse or breach.