Inclusión de personas con discapacidad, bajo la figura de trabajadores sustitutos: derechos, garantías y falencias en su aplicación en el medio laboral

Abstract

e to the creation of the Organic Disabilities act in 2012, the legal concept of substitutes was created among other advances that help to progress in labor matters regarding inclusion. These priority attention groups, which historically have been violated in a matter of rights, and have been minimized. The employer was forced to assume a position of rejection and see it as an expense and a workload that would affect their productivity. However, one of the relevant aspects in labor matters, that, the legislator took into consideration with the issuance of this regulation. it is the obligation of hiring 4% of people with disabilities in public and private entities that have at least 25 workers, whose implementation gives the opportunity of labor inclusion of relatives up to the fourth degree of consanguinity, and second of affinity. The legal representative or people who have under their care a person with a disability, using the legal concept of substitute workers, who are duly accredited by the Ministry of Labor. Nevertheless, in spite of existence of Ecuadorian regulations, and their connected laws that regulate the inclusion in the labor sphere, of this vulnerable group. The scope and protection of substitute workers against the worker, in general, has not been regulated especially. It leaves a dilemma on the protection enjoyed by those who hold this quality and are working since they are not people with special abilities. If they do not attend to replace the former, then they are covered with the same guarantees, and rights as this priority care group, or they are simply framed within the rights and guarantees that workers in general enjoy. What has been said before, it would be believed that the regulation would be insufficient on the aforementioned issue and that it will be discussed later.