Indemnización por despido intempestivo a partir de la mejor remuneración. Un asunto de reforma

Abstract

Unfair dismissal is a critical issue affecting workers' economic stability in labor relations. In Ecuador, the current regulations establish that severance pay is calculated based on the last salary received; however, this method may be insufficient as it does not reflect the worker's true economic potential. This study proposes a reform of Article 188 of the Labor Code so that severance pay is based on the best salary earned, ensuring fairer and more equitable compensation. Objective: This investigation aims to justify the need to modify the current legislation, enabling the severance calculation to consider the employee's salary history rather than just their last paycheck. Methodology: This research follows a qualitative approach with a descriptive-explanatory level. Historical-logical, deductive-inductive, and analytical-synthetic methods are used to analyze the evolution of unfair dismissal and its legal implications. Additionally, interviews were conducted with workers, employers, and legal experts alongside a literature review. Results: The outcomes reveal that workers support using the best salary as the basis for calculation, while employers believe this change would increase business costs. Meanwhile, legal experts emphasize balancing workers' rights and business sustainability. Conclusion: The proposed reform seeks to enhance labor protection without severely impacting employers, promoting a more stable and just labor environment. Keywords: severance pay, job stability, unfair dismissal, comparative law