Violation of labor rights in the context of untimely dismissal in Ecuador

Abstract

Although there is no unanimous criteria in the world's legislation regarding the calculation of compensation for unfair dismissal, it is necessary to suggest an appropriate and viable method of calculation that benefits the worker who has been unfairly separated from his job, which is precisely the problem that generates this research. Accordingly, the objective is to determine whether the method of calculating compensation for unfair dismissal constitutes a violation of the rights of the worker in Ecuador. The data collection technique used was the survey, applied to legal professionals. Unfair dismissal threatens the job stability of the worker, which is a fundamental right recognized in Ecuadorian labor legislation. Labor legislation contemplates the payment of remuneration, but the method of payment does not oblige to take into account all the time worked during the employment relationship as a basis for calculation to determine the amount to be paid. According to the results obtained, it is necessary for Ecuador's labor regulations to establish a method of calculation that ensures an adequate, viable and fair economic value for the benefit of the worker when he or she is suddenly dismissed from his or her job, establishing the best remuneration received by the worker in the employment relationship as the basis for said calculation, so that the principles of progressiveness and favorability are guaranteed.

Keywords:

Labor rights, Unfair dismissal, Principles of progressiveness, Principle of favorability, Legal certainty.