By means of the third supplement to the Official Registry No. 734 from January 31, 2025, the National Court published Resolution No. 01-2025 (Resolution), which establishes a binding judicial precedent related to the payment of indemnities contained in article 51 of the Organic Disabilities Law.
According to the Resolution, to be entitled to the indemnification corresponding to disabled employees, or people who support disabled people, only the following conditions must be fulfilled:
- That an untimely dismissal is configured.
- That the dismissed person is disabled or oversees the support of a person with a disability.
Consequently, it is not necessary for the employee to inform the employer that they are a disabled person or that they oversee the support of a disabled person.
The Resolution, therefore, forces the employer to employ methods that allow to determine the condition of the employee whose untimely dismissal results in special indemnities that can reach important values.
Included below the link to access the full text of the Resolution.
Edmundo Ramos, Partner at CorralRosales
eramos@corralrosales.com
+593 2 2544144
María Victoria Beltrán, Senior Associate at CorralRosales
mbeltran@corralrosales.com
+593 2 2544144