La acción de despido ineficaz en el ordenamiento jurídico laboral ecuatoriano.

Abstract

This paper details the procedural issues surrounding the concept of wrongful dismissal, which was incorporated into our legal system in April 2015 through an amending law containing several reforms to the Labor Code. The reform to this article addresses all aspects of wrongful dismissal, the primary objective of which is the reinstatement of the affected employee to their job plus payment of outstanding wages with a legal surcharge. Alternatively, if the employee does not wish to be reinstated, a special compensation payment must be made. This study seeks to examine this action, analyze dismissal and its tension with job security, and systematize rulings from judicial bodies and judgments from the Constitutional Court to propose a fundamental improvement to the process. The results of the study reveal problems inherent to the workload of the courts and of a doctrinal nature. This leads us to conclude that a procedure must be designed to expedite and guarantee the proper protection of labor rights in accordance with the current legal framework.