– The worker may terminate the employment contract, and with prior approval, in the following cases: Due to serious injuries inflicted by the employer, his family or representatives on the worker, his spouse or cohabitant in a de facto union, ascendants or descendants.

When do they fire you with approval?

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– The worker may terminate the employment contract, and with prior approval, in the following cases: Due to serious injuries inflicted by the employer, his family or representatives on the worker, his spouse or cohabitant in a de facto union, ascendants or descendants.

What happens after requesting approval?

– Once notified with the request for Approval, the defendant may respond and legally substantiate his defense within a period of two (2) days. The response must comply with the requirements of article 8 and 9 of this agreement, where applicable.

What happens if I have approval?

The legal effect of the approval requested by the employer is that once this is granted by the Labor Inspector, the employer can terminate the employment relationship, without any compensation, except for the other rights that correspond to the worker by law.

What happens after requesting approval?

– Once notified with the request for Approval, the defendant may respond and legally substantiate his defense within a period of two (2) days. The response must comply with the requirements of article 8 and 9 of this agreement, where applicable.

What happens if I have approval?

The legal effect of the approval requested by the employer is that once this is granted by the Labor Inspector, the employer can terminate the employment relationship, without any compensation, except for the other rights that correspond to the worker by law.

How to respond to a request for approval?

– Reply. – Once notified with the Approval request, the defendant may respond and legally substantiate his defense within a period of 2 days. The response must comply with the requirements of Arts. 8 and 9 of this agreement, where applicable.

How long does it take to work in the same company again?

There is no rule that prohibits a worker from having two jobs in the same company, or even several temporary contracts. This situation of multiple employment is governed by the Workers' Statute and certain weekly working hours must not be exceeded.

What does visa approval mean?

The idea of approval refers to the formula that is placed on certain documents to specify that the person signing certifies that everything complies with the law and that the document in question was issued by an individual authorized for that purpose.

What documents must the employer accompany the approval request?

The employer must always accompany the Approval request with the certificate of compliance with labor obligations issued by the Ecuadorian Social Security Institute.

What are the justified causes for dismissing a worker?

Dishonesty; acts of violence; Insults or bad treatment against the boss, his family, the company's management or administrative staff, or against the employer's clients and suppliers, unless acting in self-defense.

How long should it take to receive my settlement?

How much time do you have to claim compensation for unjustified dismissal or, where applicable, benefits for voluntary resignation? There are two months to file an action for dismissal and one year to pay proportional benefits for voluntary resignation.

When can they fire you without compensation?

Dismissal will be made without compensation when the affected employee has committed offenses, whether verbal or physical, to the rest of his colleagues, the employer or the family of any of them.

What do they send you when they fire you?

When a dismissal occurs without just cause, the worker has the right to essentially collect three compensation items: Compensation for seniority. Compensation in lieu of notice. Integration of the month of dismissal.

What are the justified causes for dismissing a worker?

Dishonesty; acts of violence; Insults or bad treatment against the boss, his family, the company's management or administrative staff, or against the employer's clients and suppliers, unless acting in self-defense.

What happens if the worker refuses to sign the settlement?

If the employer or worker does not come to sign the settlement, they can be replaced by a representative who has a simple power to sign the settlement (in addition to recognizing and extinguishing obligations or indicating the deadlines for their payment).

What happens after requesting approval?

– Once notified with the request for Approval, the defendant may respond and legally substantiate his defense within a period of two (2) days. The response must comply with the requirements of article 8 and 9 of this agreement, where applicable.

What happens if I have approval?

The legal effect of the approval requested by the employer is that once this is granted by the Labor Inspector, the employer can terminate the employment relationship, without any compensation, except for the other rights that correspond to the worker by law.

Who gives the approval?

The Ministry of Labor, through its technical offices at the national level, accepts the request to carry out the approval process without suspension of the employment relationship against the employer to terminate the employment contract prior to the resolution issued by the labor inspector. procedure will be…

What does challenge of approval mean?

How much do I have to respond to a claim?

The deadline to respond to a claim in the ordinary (family) judicial process is 9 business days. If the claim is not answered in a timely manner, the defendant is entitled to all the situations and actions described in the claim.

What happens if you are fired and rehired?

"In principle, there is no impediment for a worker who had been fired to be rehired by the same company that fired him," explains Luis San José Gras, partner in the Labor Law area of AGM Abogados.

How do you know if they are going to make you permanent?

If the worker has been hired for more than 24 months in the same company for 30 months, he or she will become permanent. During these 24 months you may have had one or more temporary contracts. Contracts for a specific work or service have a maximum duration of 3 years.

When can't they fire you from work?

As the aforementioned article indicates, the law does not contemplate dismissal for missing a day of work. The law requires for dismissal due to absence that the absence be for two days in a row, two Mondays in the month or a total of three days during the same period.

When can an employee be fired without just cause?

It is understood that a dismissal without just cause occurs when: A) Poor notice on the part of the employer or boss. B) Did not notify the worker of the termination of the employment contract.

What happens if an employee refuses to sign a warning?

Not signing the sanction, the consequences of dismissal The reality is that not signing the sanction is of no use. The company can look for witnesses to sign to record that delivery has been attempted, but the worker has refused.

How long does the approval process take?

Currently, the Approval process is a process that lasts approximately 30 days. During this time, the Labor Inspector investigates the reasons for which the procedure was proposed. (YO)

What is approval?

The approval is an administrative procedure that serves to terminate the employment relationship, which can be presented by both the worker and the employer. When we talk about an "administrative procedure" it must necessarily be presented through administrative channels, in this case at the Ministry of Labor.

How long does it take to respond to the approval request?

Once the notification of the Approval request has been made, the defendant may respond and substantiate his defense within a period of 2 days. Once the response is received, within a maximum of 3 days, the inspector must set a date and time to summon the parties to a conciliation procedure.

How long does the notification of the approval request last?

Once the request is received, the inspector will acknowledge, qualify the request and order notification. Once the notification of the Approval request has been made, the defendant may respond and substantiate his defense within a period of 2 days.