Indemnización por despido intempestivo hacia trabajadores discapacitados y sustitutos en las empresas del Ecuador.

Abstract

Untimely dismissals in the workplace are a common practice, which has been carried out over the years, to become one of the main causes of labor demand in Ecuador, violating the rights corresponding to workers. Labor rights have evolved, focusing on protecting the employee by favoring their job stability without any distinction, implementing the payment of compensation by the company in case of unjustified dismissal, evidenced within Ecuadorian regulations. Although compensation can be classified as: those applicable to any worker (art. 188 of the Labor Code); and those applicable to people with disabilities or that certify the care of a disabled person (art. 51 Organic Law on Disabilities). The objective of the research focuses on determining the corresponding compensation to disabled workers and substitutes for untimely dismissal in companies in Ecuador, applying a quantitative methodology, under a deductive method and a documentary legal analysis of the practical case provided. Obtaining as a result that the company, not having foreseen the untimely dismissal of the workers in question, originates a financial imbalance due to lack of liquidity or a backup fund, which leads the company to seek means to cover the values ​​generated by compensation. , having to cancel a total of $40,858.27 dollars.