Analysis and effects of Article 169, numeral 6 of the Ecuadorian Labor Code on health (Review)

Abstract

Labor rights have become a fundamental issue in international treaties and national regulations, as they are the result of workers' struggles to have decent treatment in a general sense. In Ecuador, the Labor Code stipulates, in article 169, the grounds on which a labor relationship between employer and employee can be terminated. Among these grounds, numeral 6 of that article establishes that the relationship can be concluded due to force majeure or unforeseen circumstances. This ground has been misused by employers on many occasions to terminate labor relationships, especially during the recent COVID-19 pandemic. The objective of this research was to analyze the effects of the application of numeral 6 of article 169 of the Ecuadorian Labor Code on health professionals, considering its impact on working conditions and social consequences. To achieve this, methods such as document analysis, synthesis, induction, and deduction were used, as well as legal hermeneutics and the exegetical method. Finally, it was evident that the indiscriminate application of this cause significantly harms health professionals and, by extension, the healthcare system and society at large, requiring more careful regulation and supervision.