Legal Effects of the Challenge of the Settlement Act (Review).

Abstract

Labor rights have become a primary issue within national legislations as they are the result of workers' struggles throughout history. In Ecuador, to conclude the employment relationship established between employee and employer, it is necessary to sign the termination agreement, which this article aims to approach in terms of the legal effects of challenging such an agreement. This document evidences the end of the relationship between employee and employer and must record all settlements to which the employee is entitled. In this context, the Ecuadorian Labor Code establishes two possible grounds for contesting the termination agreement, while Ecuadorian jurisprudence refers to others. Thus, the objective of this article is to analyze the legal effects of such challenges. Considering the above, this article employed several research methods, including documentary analysis, synthesis, induction and deduction, legal hermeneutics, and exegetical methods, which facilitated the analysis of the regulations related to the topic. This approach led to conclusions that highlight the legal effects of challenging the termination agreement, as well as the need to expand the existing regulations related to this issue in the country.