Vulneraciones al derecho a la estabilidad laboral: el caso del despido intempestivo
| Autor | Linda Keila Zambrano Rivera |
| Cargo | Independent legal researcher |
| Páginas | 161-174 |
Zambrano, L. Violations of the right to job stability
161
Revista Facultad de Jurisprudencia RFJ No.11 Junio 2022
Violations of the right to job stability:
The case of early dismissal
Vulneraciones al derecho a la estabilidad laboral: El
caso del despido intempestivo
Linda Keila Zambrano Rivera
Independent legal researcher
City: Guayaquil
Country: Ecuador
Original article (miscellaneous)
RFJ, No 11, 2022, pp. 161-174, ISSN 2588-0837
ABSTRACT: This research analyzes the legal figure of early
dismissal considered in the Labor Code for the private sector
and its relationship with a potential violation of the right to job
stability. Thus, an analysis is proposed based on data collected
in the city of Guayaquil (the metropolis has been taken as a
case study). This “miscellany” is relevant because its legal
antecedents are related to a current “contradiction” between
Articles 33 and 325 of the Constitution and Article 188 of the
Labor Code. According to these legal norms, work is a right, a
social duty, and an essential source of income for the family
economy. However, in the author’s opinion, the State does not
end up effectively guaranteeing the right to work. Nor does
it protect workers’ rights by applying early dismissal, thus
violating the principles of stability and continuity of work.
Therefore, after a review of the literature, this contribution
uses the application of surveys and group interviews (focus
groups). These techniques were relevant to identify among
men of law the cause and consequences of early dismissal and
illustrate aspects such as workers’ compensation in the event of
early dismissal, the application of fines to employers, and other
related aspects.
DOI 10.26807/rfj.vi8.224
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