Contratos de servicios ocasionales en el sector público ecuatoriano frente a derechos de las mujeres embarazadas y en estado de gestación

Abstract

In the Ecuadorian public sector, by constitutional mandate, the permanence of public servants in the workplace is governed as a principle, then for complying with the requirements and procedures established by law. However, exceptionally, the application of the occasional service contract is in force as a temporary figure that restricts or ultimately eliminates the right to job stability, a characteristic that comes into conflict when the subjects of rights are persons considered constitutionally of priority attention, as is the case of pregnant or lactating women. Therefore, in this work it has been considered relevant to analyze the pronouncements that the Constitutional Court makes to protect these rights, mainly through sentence 309-16-SEP-CC, observing that the protection of the right to work and stability of pregnant women or breastfeeding within these contracts, it is not restricted to the text of the secondary rule that regulates them, but its protection is due to the preeminence of constitutional rights of equality, non-discrimination, priority treatment, among others, which should have been applied by public officials, judges of first or second instance and even by the Constitutional Court itself at the appropriate time