La Jubilación Patronal en el Ecuador ¿eliminación, avance o retroceso?

Abstract

The objective of this investigative process was the comparative analysis of the Figure of Employer Retirement, in order to identify if its elimination is progress or regression, in relation to the reasons for the creation of this figure and the consequences of its application regarding to the current needs of Ecuadorian workers and workers. For the fulfillment of the investigative object, a comparative analysis of the figures of the employer's retirement and the retirement fund was carried out, to identify the pre-existing legal gaps in these proposals and to identify if the application of article 216 of the Ecuadorian Labor Code is a regulation that generates labor instability, directly related to the increase in untimely dismissals of workers close to acquiring this right. The characterization was carried out through a deductive process, which began with the explanation of the origin, historical evolution, normative analysis and conclusion of these two figures, by identifying the positive and negative elements with their main repercussions on the employment relationship. The results obtained from the comparative analysis of these figures, allowed us to establish that elements such as: period, labor instability, provision of services to a single worker, legal loopholes and recovery of rights are considered vital elements for a comprehensive analysis of Retirement. Employer, as well as for the elaboration of an underlying figure (Retirement Fund) that replaces the first one without generating negative repercussions for job stability or violating the rights of the subjects of the employment relationship.