El daño moral causado por el despido intempestivo discriminatorio en el Ecuador. Análisis del caso no. 01333-2018-00138

Abstract

In this paper, a critical analysis will be carried out on the origin of compensation for moral damage in the unilateral termination of the labor relationship in Ecuador. To establish the problem we saw the need to analyze the process number 01333-2018-00138, where the substantive discussion or the legal problem was the origin of civil liability in the untimely discriminatory dismissal. In this way, since on the one hand it is considered that there is no additional compensation to the legal rate, others consider that if the additional compensation for moral damage in certain labor relations is appropriate, the objective of the present analysis is to determine which of the two currents is applicable in our legislation.