El impacto negativo de la jubilación patronal en la legislación ecuatoriana.

Abstract

A study was carried out whose objective was to determine if it is convenient to eliminate the employer's retirement, since it was unknown if this legal figure caused damages or benefits in the labor relationship. The bibliographic review tool, jurisprudence, national and international doctrine was introduced to search for relevant information for the central research topic. It will be determined that the employer retirement grants benefits of Thirteenth remuneration and Fourteenth remuneration, as well as the right to the heirs of the employer retiree to claim the right for a period of one year. On the other hand, employer retirement can cause a disadvantageous situation for the worker, since they have to cover the costs of double retirement. It also results in workers not continuing their job stability for more than 19 years, since employers prefer to opt out of providing their services to avoid paying employer pensions. It is concluded that it is important to carry out structural changes to the legal figure of employer retirement in Ecuador.