La renuncia voluntaria del trabajador como forma de culminar la relación laboral.

Abstract

Background. In Ecuador, "voluntary resignation" does not exist within the termination of the employment contract. In addition, its equivalence with the agreement of the parties and the worker's right to receive 25% of the last remuneration for each one of the years of service rendered are questioned, due to the provisions of Article 185 of the Labor Code. It is clearly observed that according to Article 169 of the Labor Code, on the different types of labor cessation, there is no one that says “by voluntary resignation”, and as a consequence it is not formally recognized in these terms. The purpose of this investigation is to incorporate the formally presented Voluntary Resignation of the worker as a way to end the employment relationship and not to be confused with the Agreement of the Parties. In the present work, the methodology of qualitative and quantitative character was developed, bibliographic and field modality through surveys addressed to judges, labor inspectors and labor lawyers. This problem of void law, inconsistency or contradiction could be identified, concluding that a voluntary resignation with the agreement of the parties is not the same, therefore, the opinions led to the proposal to modify Article 169 of the Code of the Job.