Employer's retirement and the scope of validity of application of the labor code in Ecuador

Abstract

Employer's retirement and its scope within the application validity of the Labor Code in Ecuador represent a significantly relevant issue in the country's labor and legal context. Throughout this study, the dispositions, challenges, and opportunities encompassed by this issue are identified. The Ecuadorian labor context bears witness to a dependent relationship between employees and the organizations for which they work, established through regulations that guarantee certain benefits, such as employer's retirement. However, this right, enshrined in Article 326 of the Ecuadorian Constitution, is currently under debate, as the government contemplates its elimination to pave the way for the new Opportunities Law. This change could generate legal tensions and conflicts, making it a subject ripe for analysis and debate. The necessity for this study lies in the importance of the employer's retirement as a fundamental labor right, its impact on workers' lives, and the potential legal controversy that might be unleashed if it were to be modified or eliminated. The primary objective is to examine and analyze the application and validity of the Labor Code in this domain, and to provide a clear and comprehensive overview of the situation. To achieve this purpose, an exhaustive literature review is conducted. This methodology allows for the analysis of existing literature on the subject, including laws, regulations, prior studies, and expert opinions in the field. Through a detailed analysis of these sources, it is possible to obtain a holistic view of the problem, understand its roots, its current and future implications, and contribute to the development of informed and just solutions. In conclusion, this study seeks to pave the way for dialogue and reflection on employer retirement and its place in the Ecuadorian labor and legal framework. It is hoped that these findings may be beneficial for decision-makers and all stakeholders in this field.