Vulneración al derecho a la defensa dentro del procedimiento de visto bueno.

Abstract

The Ecuadorian State in its legal system has established within the labor law an administrative procedure for a legal contract ending, which is a mandatory tool for both worker and employer to invoke, legally demonstrate a cause on a specific fact and thus culminate the employment relationship. This institution of the Approval, which has its processing in the administrative area before a public official who will be responsible for deciding, must be analyzed since the lack of concepts, the terms included and the definition of the procedure as such, generates a violation to the worker within the approval by means of its structuring, considerations to the employer, the position of the worker in front of the employer. Within the process, it is observed that the legal elements are minimal and counteracting them with the rights and guarantees established in the Constitution, it is not possible to appreciate the equality of conditions, nor a due process, therefore, it tends to affect the right to defense of the initiated.