El visto bueno por dimisión informal del trabajador como prueba favorable del empleador para terminar la relación laboral

With the application of the General Organic Code of Processes (COGEP), labor processes have been more effective and timely, since now in a single hearing all actions taken by the parties are evacuated, guaranteeing the right to effective judicial protection and This way the right of citizens to quick and timely resolutions. It should be noted that this legal rule simplifies individual cases of Work by substantiating them through the Summary Procedure, as indicated in Chapter III of the Title. I, Book IV, of the COGEP, where it indicates that in a single hearing the conflict will be resolved matter of Litis, the same one that will consist of two phases, the first one of sanitation, fixation of the points of debate and conciliation, and the second, of proof and allegations and will conclude with the resolution of the same, of the resolved in second instance will only proceed clarification, extension and appeal of cassation. The appeal must be based on the form provided in article 267 of the COGEP. Once the process has been received, an Associate or Judge will assess the admissibility of the process. If the appeal is admitted and once drawn, the Court of Judges of the National Court of Justice that will decide the case, will call a hearing within thirty days; At the end of the debate, the Court will pass sentence, guaranteeing a quick access to justice. For the correct study of this type of procedures it is necessary besides the Labor Code, the General Code of Processes (COGEP) and The constitution of the Republic of Ecuador, the use of International Norms that allow to guarantee the equality of rights and justice within the legal labor environment, given that national legal norms are usually disproportionate to the extent of providing more legal favor to the worker and less guarantees to the employer, at the time of hiring or its dissolution, therefore it is important that the arguments and evidence of the parties to the proceedings, because when any irregularities are evident, the resolutions issued in the first instance could be affected or revoked, resulting in a bad application of the legal norm, generating significant sanctions for the judge who ignored them. Considering what is stated, the importance of this research work falls, focusing on the case study contained in four chapters; The First Chapter will deal with the Generalities of the object of study, where I will establish how the legal concept of the approval can be used as a useful tool of the employer at the time the worker leaves his job, for rebellion or apathy with his employer, then I will define the object of study, where I will indicate the problems that exist in my case study; In the Second Chapter I will establish the theoretical bases referring to the different conceptions that support my research; In the Third Chapter I will deal with the methods and techniques used to collect all the information such as deductive, inductive, analytical and descriptive; and in the Fourth Chapter, I present the results obtained, as well as conclusions and recommendations that will make it possible to establish in a precise manner the importance of this research work, emphasizing the need to carry out labor reforms that prevent the violation of the rights that correspond to the parties within the employment relationship.

• Main Author: Rodriguez Cevallos, Estefania Elizabeth (author)
• Format: bachelorThesis
• Published: 2018
• Subjects: DIMISION LABORAL; PRUEBA; TESTIGO; RELACION LABORAL
• Online Access: http://repositorio.utmachala.edu.ec/handle/48000/12343