Blindaje laboral y seguridad jurídica : análisis crítico de la Resolución 01-2025 sobre indemnización por discapacidad

Abstract

Within the Ecuadorian legal framework, in recent years we have seen both case law and new legislation emerge that protect the rights of people with disabilities, offering a new range of benefits and even compensation in the workplace. While these new developments must be examined and analyzed from both sides of the coin, a comprehensive perspective from the employer’s point of view has not yet been established. This academic paper will examine and analyze National Court of Justice Resolution No. 01-2025 from an employer-friendly perspective, which will undoubtedly spark significant debate among students, lawyers, and judges who favor the employee; however, as mentioned earlier, it is essential in the legal world to always consider both sides. The compensation to which people with disabilities are entitled when they have been unfairly dismissed creates uncertainty and undermines legal certainty for the employer, given that the worker is not required to have notified their employer of their disability, which results in the employer having to pay a higher financial amount than anticipated, impacting not only the economic sector but also the investment sector within Ecuador. This debate will be analyzed in this academic essay.