Análisis del Caso Fortuito o Fuerzo Mayor como causal unilateral para dar por terminada la relación laboral y sus consecuencias jurídicas

Abstract

In Ecuador, Article 169 paragraph 6 "Fortuitous Event” or “Force Majeure" for the unilateral termination of individual labor contracts, is a legal instrument that serves the employer to exempt themself from granting the worker a settlement at the time of termination of the labor relationship. However, the lack of knowledge and experience on this subject has led to the interpretation and issuance of resolutions by the competent authorities, many times without all the requirements and copulative elements necessary for the application of this cause to be valid. The purpose of this investigation is to analyze the application of Article 169, paragraph 6 of the Labor Code, given the possible violation of the rights of the workers established in the Constitution of the Republic. Since the Labor Code has not been updated in more than half a century, it is evident that in Ecuador the form of application of the "Fortuitous Event” or “Force Majeure" does not guarantee the worker the protection of their rights or constitutional principles.