Interpretaciones judiciales del artículo 169 numeral 6 relacionadas al " caso fortuito o fuerza mayor" del código de trabajo frente a los derechos de los trabajadores y la seguridad jurídica de los empleadores.

Abstract

This research aims to analyze the different sentences issued by the various judges of the Labor Judicial Units and the Specialized Labor Court as a consequence of the application of Article 169, numeral 6 of the Labor Code, Force Majeure or Fortuitous Event, due to the impact of Covid-19 on the rights of workers and the legal security of employers. Therefore, an approach to comparative law has been considered to contemplate how the judges have applied the norm under analysis. This is due to the global health emergency and the fact that in Ecuador the Organic Law of Humanitarian Support came into force to combat the crisis derived from Covid-19, accompanied in turn by the interpretive provision, which aims to establish the definitive cessation or absolute impossibility of the activity of a company as the only parameter of the article in question. Thus, it has been possible to conclude that as a pandemic hit the whole world, many companies and enterprises at the national and international levels were forced to terminate the labor relationship with their workers. Therefore, more than once, they have gone to the first-level courts, referring the regulation to the Constitutional Court, which considered that rights such as legal certainty and adequate judicial protection had been violated.