Relative job stability and right to reintegration in ecuadorian legislation

Abstract

Among the vicissitudes to which the worker is exposed in a given employment relationship, we can highlight his permanence in the job, a situation that is exposed to various circumstances that may prolong or limit its duration in time and, depending on the factual assumptions provided in the regulations, that the worker may request his reinstatement to his workplace in certain cases of dismissal. In this context, the present research seeks to study the casuistry in which the right to reinstatement of the dismissed person would proceed in Ecuadorian legislation, for which this work has been mainly concerned with a documentary review of the regulatory framework in force in the country, with the support of the consultation of bibliographic texts and articles related to the proposed topic. We resorted to the use of information located through institutional repositories, virtual library services, as well as national legislation. From the results obtained, two cases were identified in which the untimely dismissed person could request his/her reinstatement to work: when there is written proof of the dismissal, provided that there is a retraction by the employer, and the so-called ineffective dismissal.