El debido proceso en los procedimientos administrativos de visto bueno y la búsqueda de la verdad en el Derecho Laboral del Ecuador.

Abstract

Due process is a right of citizens to access justice equally; in the labor field, workers' rights are enshrined in the Constitution of the Republic and the Labor Code; however, controversies have been observed in the application of the approval procedure, for the resolution of labor conflicts in the case of legal dismissals. To analyze the causes that affect due process during the processing of Visto Bueno, the legal instruments that govern labor matters in Ecuador were considered, such as: the Constitution of the Republic, the Labor Code and the Technical Standard for the application of the Visto Bueno procedure; likewise, through a istoricallogical analysis, the main problems that occur in Ecuador at the labor level and the factors that lead to their non-solution were identified. The results found show that there are human, technical and legal elements that prevent the correct application of this procedure filed by employers and employees before the Ministry of Labor, to guarantee them due process, such as: ignorance of the rules, negligence in the application of legal instruments, lack of speed in the application and lack of definition in the competences and jurisdiction to resolve them. In this sense, the proposal raises the supervision of the techniques in the application of the approval procedure, campaigns to raise awareness among workers, labor inspectors and employers, for the correct application of this administrative procedure for termination of the employment relationship.