Análisis jurídico del despido intempestivo aplicando dentro de un contrato indefinido

Abstract

The right to work is one of the most important that human beings have, this right allows the person to have access to a dignified life giving the opportunity to fend for themselves without depending on anyone, it also helps the development of the same as it allows to discover skills that we had or perfect them in case you already have them when working and finally gives a purpose to the person to live because getting up every day makes us feel useful and with a purpose in life, it makes us feel alive. As it is known the state has the obligation to guarantee work to all its citizens, to provide technical and professional guidance to ensure that their work environment is adequate for the development of their working day and many more adjustments that must be provided, likewise the state is responsible for supervising regular and tailed labor relations that contract either natural or legal is why implemented several codes that allows this task, this time we will focus on the labor code which is responsible for overseeing relationships that people have with other people made natural. In this labor code all the contracts that people can access and likewise also determines the obligations that the employer has in the event that the employment relationship comes to an end. The objective of this investigation is to analyze a labor file for untimely dismissal applied within an indefinite contract, to review the entire file from beginning to end with the objective of finding any error or omission in case it existed by the judge at the time of issuing the sentence, Likewise, to be able to determine if the figure of untimely dismissal actually exists in the previously mentioned file by using the evidence presented by the plaintiff and at the same time to realize the importance of the right to work in the Ecuadorian legislation since this is the one in charge of solving the legal problem that we are analyzing today. In order to comply with the objectives previously stated, this research work used research such as the bibliographic technique helped us to provide information task for the development of work on the other hand the documentary research which allowed them to analyze a large number of documents whether academic books scientific journal among others, The type of research used was historical research which gave us a brief summary of the right to work and research which allowed us to inform the subject in the legal field of articles related to the right to work, on the other hand the methods that were used in this work, were the exegetical method for the study of legal norms and the deductive-inductive method which allowed us to study the constitution and thus to understand in a more focused way the right to work in Ecuador.