El despido ineficaz y sus implicaciones para conservar el puesto de trabajo de mujeres gestantes o en maternidad en Ecuador

Abstract

This research project, part of the doctrinal description of equality and nondiscrimination, focusing on the study of the historical process of establishing asymmetric relationships between people that has led to the consolidation of acts of discrimination or violation of rights. Continuing with a contextualization of the precepts of equality and non-discrimination in light of intersectionality as a tool for analysis and development in the implementation of policies and regulatory advances within Ecuador, specifically in women, for an analysis of the regulatory framework and mechanisms of recognition, protection and enforceability of these principles as pillars of protection of women in the workplace. Discriminatory figures have been marked in labor relations, to the detriment of people who present various conditions of vulnerability, which has brought with it the incorporation in the Constitution of the Republic of Ecuador and the current Ecuadorian Labor Code of specific legal institutions for your protection. One of them, the ineffective dismissal, whose definition, scope and legal regulation, is addressed as the originator of the permanence of women who are in a state of maternity, and of workers who have been carrying out the function of union leaders, since it constitutes a measure of labor justice, enshrined in the Constitution of the Republic of Ecuador, the Labor Code, the Organic Law for Labor Justice and Recognition of Work in the Home. We will specify whether the inclusion of ineffective dismissal has guaranteed protection for pregnant women or women in a maternity situation, or if other measures are necessary; all this based on the theoretical and practical study from the perspective of the population involved. Obtaining alternatives and solutions to take into account for the evolutionary process of the norm, in social relations and in the exercise of labor rights