Motivos legales para finalizar una relación laboral en Ecuador: Garantizando los derechos de los trabajadores

Abstract

In Ecuador, the termination of the employment relationship is regulated by the Labor Code, which details the causes for terminating the employment relationship. Including causes attributable to the employer, termination of the contract due to external causes, as well as situations of fortuitous event and force majeure such as natural disasters, fires, armed conflicts or pandemics. Despite the legal guarantees to protect workers' rights, labor conflicts still occur due to the illegal use of reasons such as force majeure to justify dismissal and avoid compensation to workers. Some companies simulate situations of force majeure or do not have the necessary documentation to confirm its existence. Additionally, we will analyze how the cause of fortuitous event or force majeure was interpreted in other countries such as: Colombia, Spain, Chile. This study, based on a qualitative, descriptive and explanatory methodology, aims to analyze the legal bases for the termination of labor relations in Ecuador and its impact on the guarantee of workers' rights. To this end, we will conduct semi-structured interviews with five experts in the field of labor law, as well as Executive Decree No. 1017. This method allows the analysis of theoretical data, creating categories that facilitate the understanding and solution of the problem in question.