La jurisprudencia ecuatoriana y la carga probatoria en el despido intempestivo.

Abstract

Labor Law has acquired great importance, both in political and social endeavors. As part of the evolution of Labor Law, mechanisms are regulated, aimed at protecting the weak part of the labor relationship that is the worker, the recognition of social benefits meant a great victory for the offspring within the substantive law. With the passing of time, it was possible to identify the need to not only grant social benefits, but to protect it within a possible individual work conflict, transferring the burden of proof to the employer before the claim of those items that were the employer's obligation to cancel. In contrast to these advances in the labor process, the burden of proof remains on the worker regarding untimely dismissal, a situation ratified by jurisprudence. Within this work we will proceed to analyze and criticize the arguments that support the decision to maintain the burden of proof on the worker by alleging the existence of untimely dismissal. Briefly, the Mexican legislation and its regulation will be reviewed regarding the burden of proof in untimely dismissal, thus establishing valid points, applicable in Ecuadorian legislation, for the implementation of worker protection mechanisms in the process. labor.