Abstract

LLAMUCA-VARGAS, Luis Galo; MERINO-SANCHEZ, Wilson Yovanny  and  COMAS-RODRIGUEZ, Raúl. Approval: administrative act or quasi-judicial process in the resolution of third-party disputes. Noesis [online]. 2025, vol.7, n.esp1, pp.206-223.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.380.

This study examines approval as an administrative act or quasi-judicial process in the resolution of labor disputes in Ecuador. Using a qualitative descriptive-explanatory approach, normative and doctrinal analysis was combined with surveys of lawyers, labor inspectors, judges, and academics. It was found that the procedure regulated in Article 621 of the Labor Code lacks formal hearings, detailed reasoning, and administrative remedies, merging administrative and judicial features. Seventy-three percent of experts believe that it violates jurisdictional unity, and 65% support the recognition of quasi-judicial acts. These findings reveal legal uncertainty and potential arbitrariness, as decisions with direct effects on subjective rights are left in the hands of labor inspectors. An ad hoc regulation is proposed that incorporates minimum procedural guarantees-adversarial hearings, exhaustive reasoning, and internal avenues for appeal-to harmonize efficiency and protection of the rights of the parties.

Keywords : Approval; administrative act; due process; legal certainty..

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