Neutrosophical method for the evaluation of the approval in Ecuador based on the analysis of the legal obstacles of the appeal

Abstract

Employers and workers may terminate the individual employment contract, with approval, for one or more of the causes provided for in articles 172 and 173 of the Labor Code. The competent authority to know, process and resolve the request for approval is the Labor Inspector and the resolution that grants approval will be challengeable before the Labor Judge. However, the Minister of Labor, through Agreement MDT-2024-041, issues the Regulation that regulates the administrative approval process and in article 3, grants jurisdiction to the Regional Director of Labor and Public Service of the same jurisdiction to know of the appeal to the approval resolution issued by the Labor Inspector. The objective of this research is to develop a neutrosophic method for detecting violations of proportionality in smuggling crimes, in the abbreviated procedure. The research modality is qualitative, with a descriptive scope, supported by deductive methods, documentary analysis, history, legal dogmatics, legal exegetics, supported by the documentary bibliographic technique. The main result obtained shows the inadmissibility of the appeal for approval, which allows the arbitrariness and violation of legal security to be concluded with the implementation of the appeal through the Ministerial Agreement MDT-2024-041.