"Análisis del alcance jurídico de la causal de visto bueno por ineptitud manifiesta "

Abstract

The manifest ineptitude is a casual of approval that since its incorporation in the Labor Code, has confused the legal professionals due to its application: What is the legal and conceptual determination of the cause of approval for manifest ineptitude contained in the Labor Code? The answer to this question will determine the legal scope of the concept under study. The first specific objective of the research is: To analyze the evolution of the grounds for approval that an employer can present in the Ecuadorian legislation. The methodology used was the synthetic one, since through this it was possible to reconstruct the historical development of art. 172 of the Labor Code. The next objective was: To identify the conceptual scope of the cause of approval for manifest ineptitude. The methodology used was analytical, which allowed a doctrinal and jurisprudential study to determine the conceptual scope of ineptitude. The last objective was: To determine in which practical cases manifest ineptitude can be a justifiable cause to terminate the labor relationship using approval. The methodology used was deductive. This allowed us to identify the practical cases in which manifest ineptitude can be applied as a cause for approval. The result of this research is: to delimit the definition of the concept of manifest ineptitude and to identify the practical cases in which it is possible to apply for approval as a reason to terminate the labor relationship with an employee.