Violations of the right to job stability: the case of early dismissal

Abstract

This research analyzes the legal figure of early dismissal considered in the Labor Code for the private sector and its relationship with a potential violation of the right to job stability. Thus, an analysis is proposed based on data collected in the city of Guayaquil (the metropolis has been taken as a case study). This “miscellany” is relevant because its legal antecedents are related to a current “contradiction” between Articles 33 and 325 of the Constitution and Article 188 of the Labor Code. According to these legal norms, work is a right, a social duty, and an essential source of income for the family economy. However, in the author’s opinion, the State does not end up effectively guaranteeing the right to work. Nor does it protect workers’ rights by applying early dismissal, thus violating the principles of stability and continuity of work. Therefore, after a review of the literature, this contribution uses the application of surveys and group interviews (focus groups). These techniques were relevant to identify among men of law the cause and consequences of early dismissal and illustrate aspects such as workers’ compensation in the event of early dismissal, the application of fines to employers, and other related aspects.

JEL CODE: F16, J01.