Terminación de la relación laboral por fuerza mayor prevista en la ley orgánica de apoyo humanitario

Abstract

The present investigation focused on the theoretical-practical study of the employment relationship termination provided by the Humanitarian Support Organic Law to Combat the Health Crisis Derived from Covid-19 and its relationship with Article 196.6 of the Labor Code. The types of Labor Stability contemplated by the Labor Code were analyzed, with the aim of determining the implication and repercussions that it has within the Humanitarian Support Organic Law and its Interpretive Provision. In addition, the conceptual difference that exists between the Fortuitous Event and Force Majeure was determined, which are provided by the Ecuadorian legal system and its applicability in the labor environment. The cases presented within the City of Cuenca to the Labor Courts, the implications and resolutions of the competent authorities were used to provide guidance on how a correct termination of the employment relationship due to Force Majeure should be applied according to the Humanitarian Support Organic Law by employers. Lastly; the specific cases presented in the labor courts, served as a guide to analyze what it should be done when filing lawsuits; some lawsuits, replies and presented evidence were examined to determine the errors and successes.