Inversión de la carga de la prueba como garantía frente al despido intempestivo.

Abstract

This study analyses the evidentiary problems faced by workers in cases of unfair dismissal in Ecuador, where procedural rules place the burden of proof on the weaker party in the employment relationship. The main objective is to assess the feasibility of applying the reversal or dynamic distribution of the burden of proof as a mechanism to guarantee effective judicial protection. The research adopts a qualitative approach, based on historical-normative analysis, doctrinal review, examination of national case law, and comparison with foreign legislation and international ILO instruments. The results show that the current regulations in Articles 188 and 575 of the Labour Code contain loopholes that favour the evasion of responsibility by the employer, especially when the dismissal is not recorded in writing. It concludes that the incorporation of legal presumptions and the mandatory application of the dynamic burden of proof in these cases would balance procedural asymmetry, strengthen labour protection and harmonise Ecuadorian legislation with international labour rights standards.