La quiebra fortuita del empleador y su inclusión como causal de terminación del contrato de trabajo.

Abstract

The present thesis tried to examined the inclusion of a new cause for termination of the employment contract, specifically, the bankruptcy of the company. In Ecuador exisits problems, when a company is declared in a bankrupt, because the employer assumes the responsibility for the definitive termination of the employment contract and He has to compensate the worker for termination of the employment contract. To analyze the problem it is necessary to study the legal institution of bankruptcy and the three types of insolvency; fortuitous, guilty and fraudulent, accentuating us more in the fortuitous one, which, as COGEP points out, is considered by fortuitus event or force majeure It is important to said that I want to limit as a cause for termination of the employment contract only to fortuitous bankruptcy, because we can not liberity the responsibility in cases of fraudulent or guilty bankruptcy. In addition, we have to analize the concept of Business Risk, which, as we will analyze, this economic figure makes it clear that a company can fail due to situations that may arise and cannot be avoided even with good diligence in business management. .Likewise, it is important to point out the criticisms given by the doctrinaires, in the very clear error that the legislators have fallen, emphasizing that Labor Law must have a correlation with the economy, in order to establish equitable laws.