Acción por despido ineficaz a mujer embarazada, propuesta por extrabajadora en contra de institución financiera (Juicio No. 14307-2021- 00806)

Abstract

The Action for Ineffective Dismissal is a relevant legal tool in terms of constitutional and labor rights. Its incorporation in Ecuador follows the protective line that the state provides to certain groups considered to be in priority care, specifically, working women who face pregnancy, gestation period or maternity. This analysis studies the legal figure mentioned above, from its historical background in the timeline, addressing the necessary processes that led formalizing this legal tool, to later conceptualize it in the Ecuadorian regulatory framework, paying attention to the parameters and formalities necessary for said action to operate. Once the ineffective dismissal is defined, its concrete application will be analyzed, within a judicial process resolved by the Ecuadorian administration of justice in different instances, compiling factual and legal background with their respective consequences. Through a technical and legal study, the factors that justify the special protection that the legal system and the operators of justice grant and develop in favor of women in a state of pregnancy or maternity, within their labor relations will be identified. Finally, through a comparative approach, national legislation will be studied together with international regulations on labor rights, to identify the international trend of states in the face of a common problem: the care and protection of pregnant women in their workplace, in the face of possible violations of rights that may be caused by forced or illegal dismissals associated with their status as mothers.