La falta de probidad como causal de visto bueno – sentido, alcance y su diferencia con la conducta inmoral en la legislación laboral ecuatoriana

Abstract

The lack of probity contemplated in the Ecuadorian Labor Code is on the common and most serious causes of termination of the employment relationship, since it authorizes the employer unilaterally to terminate the employment contract, without paying the corresponding severance pay. Untimely to the worker. This work carries out an in-depth analysis of the lack of probity and its difference or discrepancy with the immoral behavior of the worker, gathering and systematizing the most relevant aspects of this cause contemplated in article 172 #3 of the Labor Code, and, consequently, the challenges regarding its correct application or qualification by the administrative and judicial authorities in the processes of termination of the employment relationship under this cause. In such a way, that the object of the investigation is to establish the elements that define the lack of probity, the meaning, the scope of it and how it has been understood both by doctrine, comparative law, Colombian jurisprudence and cases resolved by the Ecuadorian administration of justice, and through examples to determine their contrast with the immoral behavior of the worker, how these are correlated, forming a single cause established in paragraph 3 of article 172 ibidem.