Divergencias entre las formas de terminación laboral en Ecuador: ¿sede administrativa o sede judicial?

Abstract

This paper studies the Visto Bueno, an administrative procedure, as an instrument to solve conflicts arising by termination of a contract between employee and employer, as stated by the Labor Code. This analyzes whether the Visto Bueno procedure only delays decisions that could solely revert on jurisdictional power. By using an inductive method and qualitative techniques, such as documental revision, this paper structures several main legal points that lead to the termination of a labor contract. After analyzing the concept of Visto Bueno, it will be analyzed how this legal figure affects principles and constitutional warranties. As well, international legislation will be revised, in particular Spain’s and Colombia’s. In that sense, as conclusion, it will be stated the inefficacy of Visto Bueno resolutions after the proper revision of statistics that prove that the Visto Bueno ends up in a judicial procedure.