Análisis del despido intempestivo en el régimen jurídico ecuatoriano y sus efectos ante la vulneración de la estabilidad laboral.

Abstract

The highest duty of the State is to guarantee job stability for workers in order to achieve that the unemployment rate decreases in our country, Ecuador. This worker’s right is violated when the employer unjustifiably terminates the employment relationship without following the processes stipulated in the current labor legislation. This research aims at analyzing the untimely dismissal in the Ecuadorian legal system and its effects on the violation of labor stability. For this purpose, a normative analysis of the worker’s rights is established in the Constitution of the Republic, the Labor Code, and the Humanitarian Support Act. A descriptive study with a mixed approach was applied in order to achieve the research objectives. It was based on the inductive and deductive, analytical-synthetic methods. The research results were obtained through qualitative tools such as the documentary bibliographic review of national and foreign scientific literature, books, and scientific articles, as well as, the study of Ecuadorian legislation. Furthermore, the results were supported by interviews with free practice lawyers of La Troncal county, carried out with a guide of twelve questions.