– 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. The grounds for approval are stipulated in arts. 172 and 310 of the Labor Code. The latter applies “when the employee reveals secrets or makes disclosures that cause harm to the employer” or “has induced the employer to enter into the contract through false certificates.”

What happens if I am dismissed with approval?

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Approval is a mechanism through which the employer and the worker can terminate the employment relationship or employment contract, with the authorization of the Labor Inspector when one of the parties has incurred the causes provided for in the current Law. .

How does approval work?

Notification: The Approval request must be notified to the worker by means of a ticket delivered to the workplace or home. This may be received by a family member of the worker or posted on the door of the home, in the event that no one receives it or refuses to do so.

How does approval work?

Notification: The Approval request must be notified to the worker by means of a ticket delivered to the workplace or home. This may be received by a family member of the worker or posted on the door of the home, in the event that no one receives it or refuses to do so.

What are the grounds for approval?

Due to serious indiscipline or disobedience to the legally approved internal regulations. Due to lack of probity or immoral conduct of the worker. For serious injuries inflicted on the employer, his or her spouse or common-law partner, ascendants or descendants, or his or her representative.

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 to request approval?

Online: Start your process online here and finish it in person at the customer service offices. In person: Go to the INAH service offices, attach the required documentation, wait for the resolution date, make the corresponding payment of fees and receive the permit.

What does lack of honesty at work mean?

Lack of probity can be understood as the absence of rectitude, honesty or integrity in a person's actions or proceeding.

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 happens if I get fired out of the blue?

In the case of null dismissal, the affected worker may sue his employer for both reinstatement and compensation, through a labor or even constitutional process. c) As well as when acting with fraud by presenting false evidence fabricated for the occasion.

What happens if you are fired without warning?

Dismissal without notice If it is the employer who fails to comply, he must pay the worker in the settlement as many days of salary as the number of days of notice he has failed to offer. If the worker is the one who fails to comply, as many days of salary as the number of days of notice he has failed to comply with will be deducted from his settlement.

How does approval work?

Notification: The Approval request must be notified to the worker by means of a ticket delivered to the workplace or home. This may be received by a family member of the worker or posted on the door of the home, in the event that no one receives it or refuses to do so.

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 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.

When can a company fire you?

When the employee fails to comply with work obligations. When the worker deliberately and repeatedly decreases work performance, affecting the quality of production. If the collaborator appropriates the employer's goods or services. Use or delivery to third parties of confidential employer information.

How much money do they have to give me if they fire me?

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 the dismissal?

If the worker insists on not signing the contract, he or she may be fired without the right to compensation. However, if the worker demonstrates that the verbally agreed conditions were different, the above will not apply.

Who issues the safety and operation approval?

The Safety and Operation Approval is the responsibility of the Responsible Construction Director and the Co-Responsible Person(s), if applicable.

How long does the safety and operation approval last?

a) The Safety and Operation Clearance Record must be renewed every three years or when changes are made to the buildings or facilities, within 60 business days following the change made.

How can you fire a worker with a permanent contract?

How many sanctions can you be fired?

The applicable disciplinary sanctions may be: warning, suspensions (between 1 and 30 days in a year) and dismissal with just cause.

How should a worker be legally fired?

The dismissal must be communicated by the employer to the worker, including: a dismissal letter and a settlement. Advance notice. In the event that a dismissal occurs for objective reasons, a notice period of 15 days must be granted.

What is paid to a worker for lack of probity?

By being fired for lack of probity and claiming unjustified dismissal, the worker, if he wins the lawsuit, can obtain payment of all his legal compensation, such as compensation for prior notice and compensation for years of service, the latter increased by 80%.

What is immoral conduct at work?

San Felipe Labor Court, T-14-15: “insofar as immoral conduct that affects the company is understood to be those behaviors that ignore the generally accepted behavioral parameters and whose observation is necessary for the employment relationship.

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.