El Visto Bueno, sus características e impugnaciones en el ordenamiento jurídico laboral ecuatoriano vigente.

Abstract

Background: This essay analyzes the administrative procedure of Visto Bueno and highlights its shortcomings, which undermine workers’ rights, particularly the guarantee of due process. Therefore, it is important to reform Ministerial Agreement No. MDT-2024-041 of March 21, 2024. Objective: To determine how the characteristics and challenges of the Visto Bueno procedure contribute to the violation of due process within the Ecuadorian labor legal system. Methodology: A mixed-method approach was applied: qualitative, through the review of laws, doctrine, and jurisprudence; and quantitative, through bibliographic review to analyze relevant documents. Results: The findings show a clear violation of due process regarding the time required to prepare an adequate defense in responding to a Visto Bueno petition, as well as the lack of evidentiary mechanisms—such as effective access to justice in matters involving evidence that is difficult to obtain—necessary to ensure the proper functioning of this legal mechanism. Conclusions: A draft reform of Ministerial Agreement No. MDT-2024-041 is proposed in order to guarantee respect for the labor rights of both workers and employers within the administrative practice of the Visto Bueno.