Terminación del contrato de trabajo por caso fortuito o fuerza mayor y su efecto en la estabilidad laboral del trabajador ecuatoriano.

Abstract

Force majeure and fortuitous events are unforeseeable circumstances that prevent the fulfillment of contractual obligations. In article 169, numeral 6 of the Labor Code, the termination of the contract based on these grounds is not clearly defined, which poses a threat to the job stability of Ecuadorian workers. Therefore, the objective of this study was to analyze the impact of these grounds on job stability and propose a solution to the legal issues that may arise from them. A qualitative, non-experimental, retrospective, and cross-sectional approach was employed, utilizing analytical-synthetic, descriptive, and exegetic methods. The instrument used was interviews conducted with a population consisting of five labor law experts and five workers terminated under the grounds of force majeure and fortuitous events. The findings revealed that, although the Labor Code recognizes the termination of the employment contract based on force majeure and fortuitous events, the lack of normative clarity and concise regulations can lead to abuses by employers and violate the labor rights of workers. Therefore, a reform to article 169 of the Labor Code is necessary to clarify the concepts of force majeure and fortuitous events, establish the necessary requirements to invoke these grounds for termination of the employment contract, and regulate the legal effects resulting from such terminations in Ecuadorian legislation.