The notification of disability to the employer is not a requirement for special compensation in the event of an unjustified dismissal: Binding judicial precedent in Ecuador

Resolution No. 001-2025 of the National Court of Justice of Ecuador strengthens the protection of labor rights for workers with disabilities or those responsible for individuals with disabilities in the case of unjustified dismissal. 

Labor judges and courts are no longer required to verify whether the employer was notified of the worker’s disability or if the worker is registered as a substitute in order to order the payment of the special severance pay provided for in Article 51 of the Organic Disability Law. This regulation refers to the right to compensation equivalent to 18 monthly salaries, calculated based on the highest salary the worker received, in cases of unjustified dismissal.

Key points of the resolution:

No prior notification to the employer required: It is no longer necessary for the employer to have been notified about the worker’s disability or for the worker to be registered as a substitute to request the severance pay. 

Only applicable requirements:

– There must be an unjustified dismissal. 

– The worker must have a disability or be responsible for someone with a disability. 

Protection for workers with disabilities: 

This precedent applies to individuals with disabilities, defined as those with permanent limitations in performing essential daily life activities due to physical, mental, intellectual, or sensory impairments, as outlined in the Regulation of the Organic Disability Law. 

Implications of the ruling: 

• For workers: Their right to request special severance pay in the case of unjustified dismissal is strengthened, simplifying the legal process.
• For employers: The ruling imposes greater responsibility on managing employee information and complying with labor regulations.
  
  

At Quevedo & Ponce, we assist companies and workers to ensure compliance with legal provisions and protect labor rights. Contact us for advice on this important precedent and its impact on the labor field.