Necesidad de reformar las disposiciones del código de trabajo, referentes al despido intempestivo, ya que viola los principios constitucionales de intangibilidad e irrenunciabilidad de los derechos de los trabajadores

The Art. 33 of the Constitution of the Republic of Ecuador, says that work is a right and a social duty, and an economic, source of personal fulfillment and economic base. The State shall guarantee to the workers full respect for their dignity and a decent life, fair wages and fair remuneration and performance of a healthy and freely chosen and accepted. But with the implementation of the unilateral decision of the figure of unfair dismissal by employers are violating the provisions of the constitution, as the right to job security, the inviolability, the right to work, that all people have the right work provided that the work to be done is lawful; by which must receive fair compensation that will enable it in a dignified manner within society. But if the legal concept of unfair dismissal is used, the work is no longer a social duty, an economic, remember that labor is the source of the family's livelihood, as one can speak of a right to good living if a person is unemployed because he was wrongfully terminated without legal cause, as it can have a decent life, besides the constitution de la republic in Article 327 its clear that the employment relationship is bilateral and direct, but the unfair dismissal is a unilateral decision taken by the employer to dismiss untimely their workers without just cause. So still work is a fundamental activity within society, as the basis of social life is the material production. To live, men need food, clothing and other material goods. And to have these goods, they have to produce them, have to work, For what I consider important knowledge and analysis of these legal standards for both the employee and employer are aware of their rights and as prescribed by the Constitution of the Republic of Ecuador, as there is contradiction between the provisions of the labor code and constitution. For this fundamental reason it is imperative to reform the Labour Code since the untimely dismissal is an unfair legal device used by the employer to provide for early termination in work agreed with an employee, the dismissal is without legal cause and violating established the procedure established by law for the termination of the individual employment contract, the employer this action separates the worker of employment affecting its stability and leaving unemployment Law to redress this somewhat unilateral decision to terminate the contractual relationship fixed compensation or financial compensation for the compulsory employer, perfecting the illegal dismissal of workers. This is an outrage fact related to the rights of workers, and directly affects their social and family environment.

• Main Author: RIOFRIO ENCARNACION, BERTHA NATIVIDAD RIOFRIO ENCARNACION (author)
• Format: bachelorThesis
• Language: spa
• Published: 2014
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/14861