El despido ineficaz establecido en el ordenamiento jurídico ecuatoriano

Abstract

The legal figure of ineffective dismissal was incorporated into Ecuadorian legislation in 2015 through the Organic Law for Labor Justice and Recognition of Work in the Home with the intention of protecting the labor stability of pregnant workers, maternity and union leaders due to the constant arbitrary dismissals that this group of workers have been subject to. This meant a great advance in the labor field, however, until now there have been difficulties in practice, which have not allowed the effective application of the law and in a certain way have affected the rights of individuals. Therefore, the purpose of this research project is to determine which are the deficiencies in the regulation of ineffective dismissal. For this purpose, the explorative, descriptive and qualitative method was used to show the historical progress, basic concepts, the regulation of ineffective dismissal in the Labor Code, as well as to examine the legislations of other countries and obtain elements that could benefit the Ecuadorian legislation, and finally it is complemented with the criteria of the legal professionals through a personal interview. Finally, with this study it was determined that the regulation of ineffective dismissal presents deficiencies, being the expiration the main one of them. Therefore, it is pertinent to consider the possible reform in order to comply with the objective proposed by the legislator.