Afectación al principio de estabilidad laboral en caso de concesión del trámite de visto bueno por parte del Inspector de Trabajo de manera errónea.

This research project deals with the approval process, which is determined as a method of unilateral termination of the employment relationship between the worker and the employer, before the Labor Inspector issues a favorable or negative resolution to the petition, for which an analysis will be developed about its concept, its background, characteristics, the parties involved in the employment relationship, the complete procedure to request it before the Labor Inspector, the grounds for monitoring the approval process, and the administrative and judicial procedure to follow. Article 621 of our Labor Code in force in our legislation, establishes the procedure to be followed by administrative means regarding the approval process, which is quick and simple, provided that either party, whether it is the worker or the employer, presents the request invoking the grounds for this procedure in accordance with the provisions of articles 172 and 173 of the same Code. This investigation is focused on real situations that can affect the parties involved, often affecting even the Labor Inspector, since they are carried out within the framework of professional experience and the current problems that exist within the Approval process. We will have the opportunity to ask a basic question within our research topic when formulating the acts subsequent to the approval process, and if the process benefits the employer or the worker and if their rights have been respected. Within this framework, we will develop several questions, because we believe that it should not end with a labor conclusion, without ensuring that the rights enshrined in the Labor Code have been respected, and other current laws that guarantee the principle of job stability. both for workers and employers. Once the approval procedure has been carried out, both parties involved, whether it is the employer or the worker, can terminate the employment relationship, knowing the legal effects of the same, such as the payment of liquidation, unemployment, among others, in case of being necessary and if the parties are not satisfied with the resolution presented by the Labor Inspector through administrative channels, it can be challenged before the Labor Judge through judicial channels, to protect in this way that the rights of the parties are not violated. A very important principle of the Constitution of the Republic of Ecuador and the Labor Code is to guarantee the rights of workers and employers, raising constitutional guarantees with enormous significance, these confusions and ignorance about the subject, does not occur only within of our positive legislative environment, but at a general level of all parties involved in the employment relationship, which gives rise to conflicts between workers and employers. The Approval procedure is a way to terminate the employment contract, which can be requested by the employer or by the worker, depending on the case and determining the grounds indicated in the Labor Code currently in force, and is carried out before the Labor Inspector through an administrative procedure, thus guaranteeing the principle of speed in the dispatch of the request for approval, defining whether it is favorable to terminate the employment relationship without the need for judicial intervention. Keywords: Approved, Worker, Employer, Labor Inspector, Labor Stability.

• Hoofdauteur: Chacón Cando, Kerly Jhoanna (author)
• Formaat: bachelorThesis
• Taal: spa
• Gepubliceerd in: 2023
• Onderwerpen: ESTABILIDAD LABORAL; CONCESIÓN; VISTO BUENO; INSPECTOR DE TRABAJO
• Online toegang: https://dspace.ueb.edu.ec/handle/123456789/5523