El despido intempestivo en la ciudad de Machala, aplicación del código del trabajo

Abstract

In order to characterize the application of the Labor Code in relation to untimely dismissal, a descriptive investigation with a quantitative-qualitative approach was carried out in the city of Machala in the first four months of 2018. The methodological strategy was systematized by scientific research methods: historical-logical, documentary review, analytical-synthetic, statistical and data triangulation. For the collection of information, a survey was applied to 120 randomly selected workers and an interview to 35 labor law specialists chosen intentionally. The results obtained reveal, in the context of the city of Machala, the existence of asymmetry between praxis and the doctrine that regulates the rules of untimely dismissal; there is a coincidence of criteria between specialists and workers, who participated in the study; mean that compensation for this concept is more an institution that seeks to persuade the employer of the application of untimely dismissal, that an economic compensation to the worker for the damages caused and for the years of delivery for the benefit of the employer, does not cover the needs of the employer. worker and his family to maintain a dignified and decent life until finding a new job.