El procedimiento para seguirse en el trámite de visto bueno del Código del Trabajo, para garantizar el debido proceso.

Abstract

The focus of this research work focuses on the procedure to be followed in the process of approval established in the Labor Code, likewise the current regulations will be identified to establish the appropriate procedure for the contractual termination between the employer and the employee. worker through approval and thus guarantee the application of constitutional rights in said procedure, such as due process, right to defense, legal certainty in order to guarantee the basic guarantees of due process. The methodology has a qualitative approach, with a non-experimental category, which allowed an analysis of the theoretical, doctrinal, normative and jurisprudential assumptions, on the basic guarantees of due process established in the Constitution of the Republic of Ecuador. Therefore, the survey technique was applied, obtaining satisfactory results, since it was legally corroborated that the procedure to be followed in the process of approval in our system does not locate or identify the development of the legal institution of the approval. , nor about its procedure, resulting in having a very limited procedure to carry out the investigation procedures and guarantee the basic guarantees of due process, especially the right to defense that the parties have within a process, whether administrative or judicial. Therefore, it is proposed to prepare a preliminary draft of the Reformatory Law to article 621 of the Labor Code, in relation to the procedure that must be followed in the process of Approval as a way to terminate the employment relationship, in order to guarantee the effective application of the Due process.