LA PERDIDA DE LA ESTABILIDAD LABORAL POR CAUSA DEL DESPIDO INTEMPESTIVO DE LOS TRABAJADORES VULNERAN LOS DERECHOS ESTABLECIDOS EN LA CONSTITUCION Y CODIGO DEL TRABAJO

This research work is aimed at disclosing that several years ago, has been a social phenomenon in terms of job insecurity of workers because of the unwarranted dismissals. The unfair dismissal is an unfair legal form used by the employer to provide for early termination in work agreed with an employee, the dismissal is done without established legal cause and violating the procedure established by law for the termination of the employment relationship. By this action the employer separates the worker of employment affecting its stability and leaving unemployment. The law for something compensate this unilateral decision to terminate the contractual relationship mandatory fixed compensation or financial compensation for the employer, perfecting the illegal dismissal of workers. This is an outrage reported to worker rights, and directly affects their social and family environment. That is why the overall objective of this research focuses on making a legal analysis and critical respect to the right of the worker and the right to job security, because of the unfair dismissal under Ecuadorian law to identify the causes and effects of its applicability. As for employers who abuse power without being right in some cases come to see them off, as in Art. 188 of the Labour Code a derisory compensation is fixed to their workers. Therefore it makes them very easy to dismiss. 5 The amount of compensation that signals the Labour Code for unfair dismissal is up to three years of service with the value corresponding to three months pay over three years, with the amount equivalent to one month's pay for each year of service, but in any case this value exceeds twenty-five months of remuneration. Which I think is ridiculous that compensation so a month for each year of service does not solve the household economy worker, causing a serious problem for the socio-economic development of the family of the worker and in turn violates his rights under the Constitution.

• Autor principal: CARAGUAY LALVAY, JUAN CARLOS (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2016
• Assuntos: derecho; estabilidad laboral; codigo de trabajo; despido intempestivo
• Acesso em linha: http://dspace.unl.edu.ec/jspui/handle/123456789/12033