on 8 January 2025, published in Official Register No. 01-2025. The National Court of Justice has established a mandatory legal precedent in the field of labour law, particularly in the protection of the rights of persons with disabilities in the working environment. Resolution No. 01-2025 provides that access to the compensation provided for in article 51 of the Organic Disability Act is not subject to prior notification of disability to the employer or to qualification as a substitute worker.
Key Aspects of Resolution 01-2025
For a worker to access the compensation set out in the Article 51 of the Organic Disability Acttwo fundamental conditions must be met:
- Intentional dismissal, i.e. the unilateral termination of the employment contract without justified cause.
- The worker's disability status or responsibility for a person with disabilities.
The decision clarifies that prior notification of the worker's disability is not a requirement for access to compensation. This means that, if the worker had a disability at the time of dismissal, he or she is entitled to the compensation provided for in the law, regardless of whether the employer had prior knowledge of his or her status.
Compensation under article 51 of the Organic Disability Act
The Article 51 of the Organic Disability Act provides that, in the case of Unjustified dismissal of a person with a disability or of whom a person with a disability is responsible, the employer shall pay a compensation equivalent to 18 (18) months of the best remuneration received by the worker. This compensation is in addition to the general compensation for untimely dismissal provided for in the Labour Code.
Relevant Legal Concepts: Intemptive dismissal
The Intentional dismissal is the unilateral termination of the employment relationship by the employer without a justified cause in accordance with the current labour regulations. Under Ecuadorian law, such dismissal results in compensation under labour law.
Qualification as a Substitute Worker
The replacement worker is the person who has under his support a person with disabilities, enjoying certain specific labour rights in Ecuador. However, the Court has determined that no need to be registered as a substitute worker to access the compensation provided for in article 51 of the Organic Disability Act.
Impact on the business sector
- Internal policy review: Employers must ensure that their completion procedures comply with the rules in force.
- Training of human resources personnel: It is essential that those responsible for labour management be informed about this case law to avoid legal risks.
- Adjustment of internal regulations: Business policies must be adapted to the mandatory case law set out in Resolution No. 01-2025.
Resolution No. 01-2025 of the National Court of Justice is a mandatory criterion in the regulation of the indecent dismissal of workers with disabilities. Its proper implementation not only ensures regulatory compliance, but also minimizes the risk of litigation and sanctions for employers.
For more detailed analysis, it is recommended that the full text of the resolution be consulted in the Official Register or that a labour law specialist be consulted. You can access the full resolution at the following link: Resolution No. 01-2025.
