El Daño Moral causado por el despido intempestivo discriminatorio en el Ecuador.

The main objective of this research was to determine the validity of the compensation for moral damages when there is a discriminatory or unfair dismissal in Ecuador. It is considered that moral damage is an attack on the good name, reputation, and honor of the people, so the truthfulness of the facts must be alleged and not generate assumptions. On the other hand, untimely dismissal is considered a unilateral termination of the employment contract. It is known that the untimely discriminatory discharge is an attempt against people's rights, which can be based on health status, race, gender, religion, and beliefs. In the research methodology, inductive, analytical, legal doctrinal, and bibliographic methods were used; the approach was qualitative; descriptive; with a non-experimental design; the population consisted of 3 judges of the Civil and Mercantile Unit and 15 free practicing lawyers; Its sampling was nonprobabilistic and intentional, the techniques were the interview, and the survey and the instruments were questionnaires, through its analysis it was possible to conclude that it was possible to determine the existence of a legal causal link between the moral damage and the untimely or unfair dismissal due to discrimination. Within the process of unfair dismissal, the Labor Code attributes remunerations to the workers; however, when acts of discrimination have been generated that cause moral damages to people, a causal link is formed, which produces a civil liability, where the victim has to be compensated for the damages caused to his honor, good name and honor, according to what is stipulated in the Civil Code.

• Huvudupphovsman: Riofrio Bonilla, Thalia Carmen (author)
• Materialtyp: bachelorThesis
• Språk: spa
• Publicerad: 2023
• Ämnen: Daño moral; Despido intempestivo; Actos discriminatorios; Indemnización
• Länkar: http://dspace.unach.edu.ec/handle/51000/10856