Both the employer and the employee can request it in certain circumstances.
Untimely dismissal or approval are two of the mechanisms by which a person can see their employment relationship with a company or organization terminated.
The second mechanism, which involves dismissal without the payment of any compensation, is not only exclusive to the employer but also to the worker according to the Labor Code.
To understand the process to be followed within the approval, article 621 of the Labor Code establishes that an application must be submitted to the labor inspector and that he will notify the interested party within twenty-four hours, who will be They will give two days for you to answer. “With the answer, or in absentia, it will proceed to investigate the basis of the request and will issue its resolution within the third day, granting or denying the approval. The resolution must include the data and reasons on which it is based ”, it is specified.
What procedure should I do to change my signature in Ecuador?
Within the regulations it is established that the inspector can order, at the request of the employer, the immediate suspension of labor relations and the employee will be given a monthly remuneration if the approval is denied, in addition to reinstating him to his position “under penalty of incur in the sanctions and compensation corresponding to the untimely dismissal ”.
Article 173 of the Labor Code gives four cases in which an employee can terminate the contract with prior approval, which are:
- For serious injuries inflicted by the employer, his relatives or representatives to the worker, his spouse, ascendants or descendants. In the event that the injuries are discriminatory, the compensation will be equal to that established in the second paragraph of article 195.3 of the Labor Code.
- Due to decrease or lack of payment or punctuality in the payment of the agreed remuneration.
- By requiring the employer to perform a job other than that agreed, except in the emergency cases provided for in art. 52 of the Labor Code, but always within what is agreed in the contract or agreement.
- In cases of workplace harassment, committed or permitted by action or omission by the employer or their legal representatives.
How is the procedure to request termination for approval carried out?
The portal Gob.ec points out that the procedure can be done both in person and online. In the latter case, it is necessary to have a digital signature and identity card.
In the second method, you must fill out a form and wait for a response from the Ministry of Labor within thirty working days.
If the approval goes in favor of the employee, he will receive the corresponding compensation, as if he had been dismissed untimely, says the Quito Chamber of Commerce. (I)
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